RESOLUTION NO. 95-60 (2)
I
INST # 95-285785
NOV 8, 1995 4:41PM
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RESOLUTION 95-60
PINELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 473
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A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING CITY-OWNED RIGHT OF WAY EASEMENTS ALONG
STATE ROAD 55 (U,S. HIGHWAY 19) BETWEEN STATE ROAD
60 (GULF-TO-BAY BOULEVARD) AND THE CSX
TRANSPORTATION RIGHT-OF-WAY 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 SUBORDINATION OF UTILITY INTERESTS
AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION;
VOIDING CERTAIN PREVIOUSLY EXECUTED AND RECORDED
SUBORDINATION OF UTILITY INTERESTS AGREEMENTS;
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the State of Florida, Department of Transportation
(herein the "DOT"), proposes to construct or improve State Road 55
in pinellas County, Florida; and
WHEREAS, it is necessary that portions of certain right-Of-way
easements, described more particularly herein, now owned 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, with competitive bidding, and for less
than appraised value; and
WHEREAS, the DOT has previously made various applications to
the City for subordination by the City to the DOT of all rights,
title and interest that the city has in certain easements between
State Road 60 and the CSX Transportation right-of-way, and the
applications have been duly considered by the City Commission, the
city interests in the right-Of-way easements having been duly
advertised for pUblic hearing, and the various applications having
been duly approved and executed by the citYi and
WHEREAS, the DOT has now applied to the city for certain
"corrective" subordination of utility interests to be given to
correct the legal descriptions in those certain subordination
agreements previously approved, executed, and recorded in the
Public Records of pinellas County, Florida, and this 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 certain
"corrective" subordination of utility interests of City-owned right
of way easements, subject to the reservations of rights by
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FWRIDA DEPT. OF TRANSPORTATION
ATTN, M.s. 7-900,RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N_ MALCOLM MCKINLEY DR.
TAMP A, FLORIDA 33612-6403
I
PIIELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 474
the City as set forth in the "corrective" 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 previously
approved, executed and duly recorded subordination agreements as
are more specifically identified in the "corrective" subordination
of utility interests agreements are hereby declared to be null and
void in all respects. The City Manager is authorized to execute
the "corrective" subordination of utility interests agreements to
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 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.
section 2. The "corrective" agreements authorized to be
executed by the city Manager upon adoption of this resolution are
summarized as follows:
117.07CD
RECORDED AT
CITY'S INTEREST BOOK PAGE
EASEMENT O.R. 6366 1049
EASEMENT O.R. 6366 1051
EASEMENT O.R 6493 0313
EASEl-lENT O.R. 5458 0245
EASEMENT P.B. 0095 0001
EASEMENT O.R. 6366 1051
DOT PARCEL NO.
129.04CD
804.07CD
Section 3. Those certain previously executed subordination
of utility interests agreements executed by the city of Clearwater,
Florida in favor of the DOT, having been duly recorded in the
following Public Records of pinellas County, Florida, are hereby
declared null and void upon adoption of this resolution:
RECORDED AT
BOOK PAGE
DATED
8698
1142
06/03/94
8698
1190
06/03/94
8698
1161
06/03/94
2
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IPINELLAS COUNTY FLA.
OF1.REC.BK 9160 PG 475
Section 4.
Upon adoption.
This resolution shall take effect immediately
PASSED AND ADOPTED this 19th day of October
, 1995.
Attest:
.Qwn
li1r:h
Mayor-Commlssloner
3
., Thig' inst.r,. ,-,,:nt prepared b ,
Or under the direct5.oj"l of I
Kennelh G, Wing
D~pli?elrtbgl'.n'H~1 Wmi'8'
11201 N. Malcolm Mc 'nley
Tampa, Florida 33612
HrrNELLAS COUNTY FLA.
OFF.~EC.BK 9160 PG 476
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
129.04CD
7117045
55
PINELLAS
15150-2566
EXlllBIT "A"
Legal Description Approved:
Date: 03/25/95 By: DUANE J. MILK
UTL.04
CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this l day of iJbl/~mn~r, 1995, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY
OF CLEARWATER, a municipal corporation, hereinafter called City.
WIT N'E SSE T H:
WHEREAS, the City, presently has an interest in certain lands that have been
determined necessary for highway purposes; ~nd
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in .such lands by City to the FDOT; and
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 parties
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 1, CLEARWATER "19" COMMERCE PARK, according to plat thereof recorded in Plat Book 95,
Page 1, Public Records of Pinellas County, Florida, lying in Section 8; Township 29 South,
Range 16 East, Pinellas County, Florida.
Lying within the following described boundaries, to-wit:
PARCEL l29.04CD
PLt.Ase
R.'C\URN l6
>
FWRIDA DEPT. OF TRANSPORTATION
ATTN: M.S. 7-900, RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAMPA. FLORIDA 33612-6403
PAGE 1
Th~s instrument prepar
or under the direction
, Kenneth G. Wing
Assistanl Gener~1 Counsel
Department of Transpo ation
P1NELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 477
PART "A"
RIGHT-OF-WAY
Commence at a Pinellas County Engineering D~partment concrete monument with nail and disk
marking the Northeast corner of the Southwest 1/4 of section 8, Township 29 South, Range
16 East, Pine lIas County, Florida; thence N 89030'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest
1/4 of said section 8; thence S 00"54'50" W, 780.11 feet along the West boundary of the
Southwest 1/4 of said section 8; thence S 89"44'11" E, 130.02 feet to the East right-of-way
line of U.S. #19, and the Northwest corner of Lot 1 of CLEARWATER "19" COMMERCE PARK,
according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records
of PineIlas County, Florida; thence along ~he North boundary of said Lot 1, S 89044'11",E,
150.81 feetj thence S 37008'45" E, 84.69 feet to the point of curvature of a curve concave
to the Southwest and having a radius of 50.-00 feet; thence Southeasterly along the arc of
said curve 33.45 feet through a central angle of 38019'41", a chord distance of 32.83 feet
and a chord bearing of 5 17058'55" E to the point of tangency of said curve; thence
S 01"10'56" W, 131.58 feet; thence S 39"29'00" W, 32.6~ feet to the POINT OF BEGINNING;
thence S 89044'08" E, 70.2.2 feet; thence. S 46034'42" E, 16.06 feet;, thence 5 86018'25" E,
33.39 feet; thence S 00"15'52~ W, 41.5 !L..teet , to a point on the North boundary of Lot 2 of
"said CLEARWATER "19" COMMERCE":.pARK; thence along said North boundary, N 89044'40" W, 338.75
feet. to a point on the Easterly right-of-way line of U.s. #19, said point also being the
Northwest corner of said Lot .2; thence along the Easterly right-ai-way line of U.s. #19,
N 00"57'01" E, 38.33 feet; thence S 87"22'30" E, 203.10 feet; thence N 39"29'00" E, 31,79
feet to the POINT OF BEGINNING.
Containing 13,606 square feet, more or less.
AND
PART "B"
WATER STORAGE/MITIGATION AREA
Commence at a Pine11as County Engineering Department concrete monument with nail and disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89"30'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest
1/4 of said Section 8; thence S 00"54'50" W, 780.11 feet along the West boundary of the
Southwest 1/4 of said Section 8; thence 5 89044' 11" E, 130.02 feet to the East right-of-way
line of U. S. #19, and the Northwest corner of Lot 1 of CLEARWATER "19" COMMERCE PARK,
according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records
of Pinellas County, Florida; thence along the North boundary of said Lot 1, 5 89044' 11" E,
75.00 feet to the POINT OF BEGINNING; thence continue along the North boundary of said Lot
1, S 89044'1101 E, 75.81 feet; thence 5 37008'45" E, 84.69 feet to the point of curvature
of a curve concave to the 50uthwest and having a radius of 50.00 feet; thence Southeasterly
along the arc of said curve 33.45 feet through a central angle of 38019'41", a chord
distance of 32.83 feet and a chord bea~ing of 5 17058'55" E to the point of ~angency of
said curve; thence 5 01010'56" W, 131.58 feet; thence S 39029'00" W, 64.41 feet; thence
N 87022'30" W, 203.10 feet to a point on the Easterly right-of-way line of U.5. #19; thence
along said Easterly right-at-way line the" following three (3) courses: 1) N 00057'01" E,
197.18 feet; 2) S 89"04'15" E, 30.00 feet; 3) N 00"55'45" E, 61.73 feet; thence
S 89"44'11" E, 75.00 feet; thence N 00"55'45" E, 13.00 feet to the POINT OF BEGINNING.
Containing 1.389 acres, more or les9.
AND
PART "e"
RIGHT OF WAY
PARCEL 129.04cD
PAGE 2
'.i'hi's instrument prepare-:l
or.under th~ direction
. Kenneth G. Wing
Ass/slam General Counsel
Oepartme~t of, Transport
IPINELLAS COUNTY FLA.
OFt.REC.BK 9160 PG 478
Commence at a Pinellas County Engineering Department concrete monument with nail & disk
marking the Northeast corner of the Southwest 1/4 of section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89030~59" W, 2714.71 feet along the North
boundary of the Southwest. 1/4 of said section B to the Northwest corner of the Southwest
1/4 of said Section 8; thence S 00"54'50" W, 1350.20 feet along the West boundary of the
Southwest 1/4 of said Section 8 to the Southwest corner of the Northwest 1/4 of said
Southwest 1/4; thence S 89"44'18" E, along the South boundary of said Northwest 1/4 of the
Southwest 1/4, a distance of 99.68 feet to a point on the East right-of-way line of U.S.
#19, and the Southwest corner of Lot 2, CLEARWATER "19" COMMERCE PARK, according to map
'or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas
County, Florida; thence along the South boundary of said Lot 2, S B9"44'18" E, 379.10 feet
to the Southeast corner of said Lot 2 and the POINT OF BEGINNING; thence N 01"08'55" E,
51~76 feet along the East boundary of said Lot 2 to a point on a curV9 concave to the
Northeast and having a radius of 350400 feet; thence Southeasterly along the arc of said
curve.63.08 feet through a central angle of 10019~35", a chord distance of 62.99 feet and
a chord bearing of S 45019'57" E to the point of reverse curvature with a curve concave
to the Southwest having a-radius of 400.00 feet; thence southeasterly along the arc of said
curve 11.92 feet through a central angle of 01042'24", a chord distance of 11.91 feet and
a chord bearing of S 49038' 32" E to a point .on the South boundary of said CLEARWATER "19"
COMMERCE PARK; thence along said South boundary, N 89044'18" W, 54~92 feet to the POINT
OF BEGINNING.
Containing 1,334 square feet, more or less. ,
AND
PART "D"
WATER STORAGE/MITIGATION AREA
Commence at a Pinellas County Engineering Department concrete monument with nail & disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89030'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Soutpwest
1/4 of said Section 8; thence S 00054'50" W, 1350.20 feet along the West boundary of the
Southwest 1/4 of said Section 8 to the Southwest corner of the Northwest 1/4 of said
Southwest 1/4; thence S 89 "44 '18" E, along the South boundary of said Northwest 1/4 of the
Southwest 1/4, a distance of 99.68 feet to a point on the East right-of-way line of U.S.
#19, and the Southwest corner of CLEARWATER "19" COMMERCE PARK, according to map or plat
thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas County,
Florida; thence along the South boundary of said CLEARWATER "19" COMMERCE PARK,
S 89"44'18" E, 434.02 feet to the POINT OF BEGINNING; thence continuing S 89"44'18" E,
146.32 feet along said South boundary; thente N 00"54'56" E, 40.00; thence N 89"44'18" W,
190.42 feet to a point on a curve concave to the Northeast having a radius of 350.00 feet;
thence Southeasterly along the arc of said curve 47.33 feet through a central angle of
07"44'54", a chord distance of 47.30 feet and a chord bearing of S 46"37'17" E to the point
of reverse curvature with a curve concave to the Southwest having a radius of 400.00 feet;
thence Southeasterly along the arc of said curve 11.92 feet through a central angle of
01" 42' 24", a chord distance of 11. 91 feet and a chord bearing of S 49" 38' 32" E to the POINT
OF BEGINNING.
Containing 6,774 square feet, more or less4
Parcel 129 containing a total of 1.887 acres, more or less.
PARCEL 129.04CD
PAGE 3
This instrument prepared by,
or 'under the directio f
~ , Kenneth G. Wing
ASsistant Gen~a' Counse
Departmeqt of'Transpor
PI1ELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 479
"THIS CORRECTIVE SUBORDINATION OF UTILITY INTERESTS IS BEING GIVEN TO CORRECT THE LEGAL
DESCRIPTION CONTAINED IN THAT CERTAIN SUBORDINATION AGREEMENT RECORDED IN OFFICIAL RECORD
BOOK 8698, PAGE 1161 OF THE PUBLIC RECORDS OF PINELLAS COUNTY ,FLORIDA DATED nl> In"t/94."
RECORDED
!
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 12/13/82 FRANK C. KUNNEN, CITY OF CLEARWATER 5458/245 .
JR. .
EASEMENT 12/20/85 FRANK C. KUNNEN, CITY OF CLEARWATER PLAT BOOK
JR, 95, Page 1
PROVIDED that the City has the following rights:
l~. The City shall 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 FOOT, Utility Accommodation Manual in effect at the time the
agreement is executed. Any new construction or relocation of facilities within the
lands will be subject to prior approval by the FOOT. 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 terms of the utility permits
shall supersede any contrary provisions, with the exception of the provision herein
with r~imbursement 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' B
facilities~
4. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT
against any loss or damage resulting from the City exercising its rights outlined
in Paragraphs land 3 above.
PARCEL 129.04CD
PAGE 4
't-ill's instrument prepared by,
or,under the direction~
Kenneth G. Wing
Assistanl General Counsel
Departme~t of Transport ion
pJNELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 480
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:
WITNES~ C). ~ II
~T NAME~e~""J. 1',~kv,,11
. ~r~~a2:r=~
WITNESS V~ L J
: PRINT NAM.E:... ;;hr7'r?n 'j,nL.,)onc---t
ADDRESS
11201 N. MALCOLM HcKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
We foregoing instrum~ was
. , 199 _"') , by
OF PRODUCTION for District VII , who is personally
a~ ~J~~~~lfi~~Llu.~.
this J
,
has
day of
DIRECTOR
F~gQ1:leeEl
to me OF ".'!:J.e
~~.~
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PRINT NAME ])C3.f:lrtO'-" A- LA. w:J e /2/Y\~.
Notary Public in and for the
County and state last aforesaid.
My Commission Expires:
Serial No., if any:
"""~""'"
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",Fr,,,'f,.(.'
DEANNA L. ALDERMAN
MY COMMISSION # CC 381971
EXPIRES: July 17. 1998
Bonded 111m ttJtary PubIlc Undul'ttlrbBrs
PARCEL 129.04CD
PAGE 5
I PINjLLAS COUNTY FLA.
OFF.RE .BK 9160 PG 481
IN WITNESS WHEREOF, the said grantor has caused these presents
to be executed in its name by its Mayor-commissioner and its City
Manager, the day and year aforesaid.
~t7i.i~ ....
1 a Garvey, Mayo Commlss1oner
CITY OF CLEARWATER, FLORIDA
By:
?r-~~X/ -
(I Eliza eth M. Deptula
city Manager
Attest:
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Rita Garvey,
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.
WITNESS my hand and seal this ~3..v;;ay of
C~ 0(: ~
Notary Public .
Print/type name:
~
, 1995.
,,~y pu.. CAROLYN L. BRINK
-i' A1 COMMISSIDN ~ CC 4(\31).\0
~ i'J EXPIRES MAY 22,1999
'" not~OED THRt!
Of n..~ ATLANTIC BONDING CO" INC.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Elizabeth M.
Deptula, City Manager 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.
WI E;SS my han and2ea1 this d!fday of Iflcr~A) , 1995.
otary Publ c ~. 8- 'I a;{'~:'~f~< DENISEA.WllSON .
. ) C / C' /f i, . :' };1 MY COMMISSION HC 201408 EXPIRES
Prlnt/type name:, /,,/ y{'). __.~~,,.,.~,.,,"" JU091B.1996
"'.?f"r;;..," 80N:lEDTHRUTROYFAI""INSURANCE,I~.
Approved as to form and legal sufficiency:
Pamela K. Akin, City Attorney
PARCEL 129.04CD
PAGE 6
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