SUBORDINATION OF UTILITY INTERESTS - PARCEL 134.02
~
IN"T # 93-319873
NOV 13, 1993 1:19PM
PPTELLAS COUNTY FLA.
OFF. RI:c. BK 8458 PG 1458
This instrument prepared
under the direction of
Kenneth G. Wing
Assistant General Counsel
Department of trans
11201 N. Malcolm McKi
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY I
SECTION :
134.02
7117045
55
PINELLAS
l5l5D-2566
R\OI11BH TO: .
nORIDA DEPT. OF TRANSPORTATION
ATTN: M.S. 7.900, RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCKI1\'LEY DR.
TAMPA, FLORIDA 33612.6403
"
Legal Description Approved:
Date: Julv 13. 1993 By:
01 f1Ji{i?O~a.1DO~31 \
HEC ~
OP,219
DS
\NT
PiC -'flffS" AGREEMENT, entered into this 2L day of ~, 199.:2.., by and between the
CEsfATF. "" l'I.ORIDA DEPARTMENT OF TRANSPORTATION, hereinafter cslled the FDOT, and the CITY
~! CLEARWATER , a municipal corporation, hereinafter called City.
FEES
MTf'
ReV
Brent J* Davia ~
SUBORDINATION OF CITY UTILITY INTERESTS
WIT N E SSE T.R:
_ 'S>.Ct/,A.
TOTAl WHF.REAS, the city
~determined necessary for
presently has an interest
highway purposes; and
in
certain lands that have been
WHEREAS, the proposed use of these lands for highway purposes will
subordination of the interest claimed in such lands by city to the FDOT; and
require
WHEREAS, the FDOT is willing to pay to have the City's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained *
NOW, THEREFORE, in consideration of the mutual covenants and promises of the p~rties
hereto, city and FDOT agree as follows:
city hereby subordinates to the interest of FDOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
That part of:
Lot 2-A, CAMPUS WALK, according to map or plat thereof recorded in Plat Book 95, Page 66,
Public Records of Pinellas county, Florida, lying in Section 18, Township 29 South, Range
16 East, Pinellas county, FLorida.
More particularly described as follows:
Commence at a 5/8" iron rod with cap no. LB-33 marking the Northwest corner of the
'Northeast 1/4 of section 18, Township 29 South, Range 16 East, pinellas County, Florida;
thence South 89039'46~ East, 2038.89 feet along the North boundary of the Northeast 1/4
of said Section lB; thence South 00020'14" West, 49.Bl feet to the North boundary of said
Lot 2-A (South right-of-way line of Drew Street) and the POINT OF BEGINNING; thence South
89038'59" East, 316.10 feet along the North boundary of said Lot 2-A (South right-of-way
line of Drew Street) to its intersection with the Westerly right-of-way line of a Service
Road, recorded in Official Record Book 3579, Page 250, Public Records of pinellas County,
PARCEL 134.02
PAGE 1
KARLEEN F. DEBLAKER, CLERK
~~
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PINELLAS COUNTY FLA
OFF.REC.BK 8458 PG 1459
I I
This instrument prepared or
Under the direction 0
Kenneth G. Wing
Assislant General Counsel
Department of Transpo
\'
Florida; thence along said Westerly right-of-way line (East boundary of said Lot 2-A),
South 01'02'10" west, 28.62 feet; thence North 89039'46" West, 24.78 feet; thence North
84'01'53" West, 292.38 feet to the POINT OF BEGINNING.
containing 4,B79 square feet, more or less.
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 12/31/68 DANIEL BANDES and CITY OF CLEARWATER 2986/639
LILLIAN BANDES,
his wife; WALTER
SHELDON and BEULAH
SHELDON, his wife;
JOSEPH BANDES and
RENEE BANDES, his
wife.
EASEMENT 06/30/86 ROBERT E. ALPAUGH, CITY OF CLEARWATER 6302/1750
et al
BLANKET WATER 1l/l6/86 ROBERT E. ALPAUGH, CITY OF CLEARWATER DEED BOOK
MAIN & GAS et al 95/66
MAIN EASEMENT
PROVIDED that the City has the following rights:
1.
The City ehall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and relocate facilities on,within, and upon the lands described
herein in accordance with the FDOT's current minimum standards for such facilities
as required by the FDOT, utility Accommodation Manual in effect at the time the
agreement ia executed. Any new construction or relocation of facilities within the
lands will be subject to prior approval by the FDOT. Should the FDOT fail to
approve any new construction or relocation of facilities by the city or require the
city to alter, adjust, or relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate easements.
2. Notwithstanding any provisions set forth herein, the terme of the utility permits
shall supersede any contrary provisions, with the exception of the provision herein
with reimbursement rights.
"
3. The city shall have a reasonable right to enter upon the lands described herein for
the purposes outlined in Paragraph 1 above, including the right to trim such trees,
brush, and growth which might endanger or interfere with such facilities, provided
that such rights do not interfere with the operation and safety of the FDOT' s
facilities.
PAGE 2
PARCEL 134.02
OFF.REC.BK 8458 PG 1460
I
I
This inetrument prepared
Under the direction 0
Kenneth G. Wing
De~~a1i!lIl.\:G~Jl!'rti.&W;J6'
\'
. or
.
4. The city agrees to'repairany damage to FDOT facilities and to indemnify the FDOT
against any loss or damage resulting from the city exercising its rights outlined
in Paragraphs 1 and 3 above.
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence of:
SI- C)~.U-ll
~~i:S;AME ~+"vCY" J .Gdvve./I
I!d- i ~
Bob L. ~( eM(rJ.f
STATE OF FLORI..a DEfm~F TRAN~PORTATION
B~/1ttV,df/lf U" .~
DLrector of Production for District VII
ADDRESS
ll20l N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF
HILLSBOROUGH
{....,it
was aQl5now,le9ged ~efoJ'!". me . this I. ....~. :,.',':~,,{;'~, '!i'ay;,,! of
, by !::5l!!J.tJ!YK t!...:.. ati'6?7/l7,q# Nit..;H"'~f'>"'D1:RECTOR
VII , who is personally known to me,_t9i;'.<wl)q}:'~.is~-' p:r09-l!.c:e:d
as identification~ ~~f:4~~;~.~'-'.~f\1@.~~~.0>'
...,( I~U''t ,i,~C,J'.. ... ~\.';\
.~;@~';..' ;6/O;:::;":"'>~;~4!l:,:"
.~. "".' .,~"" :'1'2
v ,,::~;' {f';/;/ .., i",I.>f'"
PRINT '""... '/7'-'-0.' . '. ,,;':\if?
Notary Public in and for th~:f~~:t:... A.~~iI,~""
County ~nd.State~ast afor~Baid~~~"
My ~omm1.sno,:, Explr~-,!~-:-I'-,'"~~!lIo ~f~Uh "'"
Ser1.al No., l.f al1'lt _,. " . .. ..
~ e..~....:...~..:... "'-i,......... ~.. -.J,;,L. .LJ, J994
kndodThrvT,o"jfDin4In.urCln'~IIlc.
II Th~#foregoing inetrument
UJ!JlJ.fJ~^-.. , 199 \ 7
OF PRODUCTION for District
r:-
PARCEL 134.02
PAGE 3
I
PINELLAS COUNTY FLA.
OFF.tEC.BK 8458 PG 1461
IN WITNESS WHEREOF, the said grantor has caused these presents
to be executed in its name by its city Manager the day and year
aforesaid.
By:
\'
ita Garvey
Mayor-Commissioner'
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Rita Garvey,
the Mayor-commissioner of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
.thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
and official seal
[,1993.
, ) L ^ .'
otary Public ~ .
Print/type name: I al )~e)
this
1/ day of
"..,~;:'!~..... DENISE A. WILSON
'. [.rlJ;'~;; MY COMMISSION I CC 201408 EX.PIRES
~ J L U"~''''; June 18. 1995
.1 I S/1 -'.J~....,.~,:: BONDEOTHRUTR\lY FAIN INSURANCE,INC.
'- L..I ',8f,,';t.,
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Michael J.
Wright, 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.
seal this / I day of
)" )
otary Public ~. /!J. () '( ..,
Print/type name: J j 11.<:;:'P) . I I S,{J!-i
,";;;'''J!i:;; DENISE A. WILSON
;}t'J;, \1 MY COMMISSION I CC 201408 EXPIRES
?;..~.:~j June 18, 1996
-:.;io....;:::r......... BDNDEOTHRUTADYFAINII-:SURANCE,INC.
'.""l!'
Approved a
.~
rm and correctness:
, Jr., city Attorney
PARCEL 134.02
PAGE 4
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U.S. 19
PINELLAS COPN1Y f~h,
OFF.Rlf.BK 8458 PG li62
C.R. 535
RIGHT-Of-WAY
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PINELLAS COUNTY FL~.
OFFIRECoBK 8458 PG'1463
RESOLUTION 93-55
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING CITY-OWlIED RIGHT OF WAY EASEMENTS ALONG
THE WEST SIDE OF U. S. HIGHWAY 19 AT THE SOUTH-
WEST CORNER OF THE INTERSECTION WITH DREW STREET,
AND ALONG THE SOUTH SIDE OF DREW STREET WEST OF "
THE INTERSECTION WITH U. S. HIGHWAY 19 SURPLUS FOR
THE PURPOSE OF SUBORDINATING UTILITY INTERESTS TO
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
FOR THE S. R. 55 HIGHWAY PROJECT; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SUBORDINATION OF
UTILITY INTERESTS AGREEMENTS WITH THE DEPARTMENT
OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State af Florida, Department of Transportation
(herein the "DOT"), proposes to construct. or improve State Road 55
in Pinellas County, Florida; and
\'liEREAS, it is necessary that portions of certain right-of-way
easements, described more particularly herein, no,r Oi'ined by the
city, be subordinated to the DOT; and
WHEREAS, Section 2.01(d) (4) 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
WHER&'\S, the DOT has applied to the city for a subordination
by the city to the DOT of all rights, title and interest that the
city has in the easements, subject to the rights reserved to the
city as described in the agreements, and the application has been
duly considered by the city commission; nOlv, therefore,
BE IT RESOLVED BY THE CITY CO~1ISSION OF THE
CITY OF CLEARWATER, FLORIDA:
section 1. The application of the DOT for the subordination
of City-owned right of way easements, subject to the reservations
of rights by the city as set forth in the subordination of utility
interests agreements, is found and declared to be for a valid
public 'purpose, and the right of way easements are hereby declared
surplus within the meaning of the city Charter. The city Manager
is authorized to execute the subordination of utility interests
agreements to the DOT in the form attached hereto as EXHIBITS "A"
and "B" conveying the rights, title and interests of the city in
and to the real property described therein, in consideration of the
sum of One Dollar ($1.00) and other good and valuable consideration
including, but not limited to, the benefits to be obtained from the
'highway improvements.
9y~
.
PINELLAS COUNTY FLA.
OFF.REC.BK 8458 PG 1464
.1 I
The agreements authorized to be executed by the
adoption of this resolution are summarized as
,/
section
city Manager
follows:
2.
upon
EXHIBIT
DOT
PARCEL NO.
CITY'S INTEREST
RECORDED AT
BOOK PAGE
A
112.02
Sanitary Sewer
Easement
O.R. 3095
I
0080 \'
Blanket Water
Main and Gas
Main Easement
D"B. 0095
0066
B
13 4.02
Sanitary Sewer
Easement
O.R. 2986
0639
Drainage and
utility Easement
O.R. 6302
1750
Blanket Water-
Main and Gas
Main Easement
D.B. 0095
0066
section 3.
upon adoption.
This resolution shall take effect immediately
rj~~ Z~ tl"
CYUhic. ?:. Goudeau,
I:c, .
~~rtl.___
Cit.y Clerk
, 1993.
PASSED AND ADOPTED this 4th day of
Attest:
issioner
I bereby certifr that this is a true and
correct copy 0 the ori~inal as it
a,ppears in the files of the City 01
C1E::arvnLter. \Vitness my hanu ali'~1
official se u,pf the 'ty C ea.r\'h,i~I.
'This I &yof. l' 2.
"',"'.'
93- s:;-