09-01
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009047973 02/25/2009 at 09:53 AM
OFF REC BK: 16506 PG: 173-181
DocType:GOV RECORDING: $78.00
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OWNER
AND HOLDER OF CERTAIN EASEMENT INTERESTS CONVEYED INTO
ITS JURISDICTION AS DESCRIBED IN O.R. BOOK 1704, PAGE 674,
AND IN 0. R. BOOK. 3243, PAGE 72, ALL IN THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SUBORDINATING CERTAIN 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 segment of U. S. Highway 19 (State
Road 55) from south of Seville Boulevard to north of State Road 60 (herein, the "Project");
and,
WHEREAS, the City is owner and holder of certain described sanitary sewage and
water main easements conveyed into its jurisdiction as described above; and,
WHEREAS, it is necessary that portions of the above described easement
interests owned. by the City as same now encumber the unrecorded plat of Japanese
Gardens Mobile Estates addressed at 19709 U. S. Highway 19 North, Clearwater,
Florida, be subordinated to the rights of the DOT to facilitate the Project; and
WHEREAS, the DOT has made application to the City to execute and deliver to
the DOT a subordination of utility interest, or interests, as herein described, in favor of the
DOT, 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 CLEARWA_ TE_R,
FLORIDA: - w
I hertby that thtr-6t a vw and
eotrect " the od rinW ae it appean<
In the filer aI the City et 0earwater.
wtnerr t?. baud and ww-W raal of
the pI.CI
Section 1 The application by the DOT for the subordination of certain portions of
City-owned easement interests as recorded in O. R. Book 1704, Page 674, and O. R.
Book 3243, Page 72, all in the public records of Pinellas County, Florida, subject to the
reservation of rights by the City as set forth in the Subordination of City Utility Interests
agreement is found and 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 City 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 as 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 : 800.07
WPI/SEG : 2568812
S. R. NO. : 55
COUNTY : PINELLAS
SECTION : 15150-xxxx
MANAGING DISTRICT: SEVEN
Section 4 This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 15th day of
January
,2009.
J~/~
Frank V. Hibbard, Mayor
Approved as to form:
Attest:
~ ~'
UU- ' ukc.)y{ Y'. _
aura Lipo ski Mahony ~
Assistant City Attorney
.~
iinEyn ia . Goudeau
7) City Clerk
This instrument prepared by,
or under the direction of
RICH&~D R. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 800.07
WPI/SEG 2568812
S . R . NO.: 55
COUNTY PINELLAS
SECTION : 15150-XXXX
MANAGING DISTRICT: SEVEN
EXHIBIT "A"
Legal Description Approved:
Date: 10/03/08 By: Brad R. Gerswick
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, .entered into by and between the STATE. OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, 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 FDOT; and
WHEREAS, the FDOT is willing to participate in the cost of locating, protecting,
adjusting or re~oving the UAO's facilities if necessary to prevent conflict between the DAO'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 FDOT, its successors, or assigns, any
and all interest the UAO has in the real property described as follows:
PART "A"
Part of Government Lot 1, Section 20, Township 29 South, Range 16 East, pinellas County,
Florida, being described as follows:
Commence at the Northwest Corner of Government Lot 1, also being the Northwest Corner of
Section 20, Township 29 South, Range 16 East, Pinellas County, Florida; thence along the west
line of said Government Lot 1 and said Section 20, S 00052'04" W, 1339.30 feet to the
southwest corner of said Government Lot 1; thence along the south line of said Government
Lot 1, S 89013'33" E, 100.00 feet to a point on the existing east right of way line of State
Road 55 (U.S. Highway 19), per the Florida State Road Department Right of Way Map Section
1515-104(207), said point also being the POINT OF BEGINNING; thence along said east right of
PARCEL 800.07
PAGE 1
way line N 00052'04" E, 754.89 feet; thence, leaving said east right of way line,
S 89007'56" E, 5.00 feet; thence S 00052'04" W, 754.88 feet to a point on the south line of
said Government Lot 1; thence along said south line N 89013'33" W, 5.00 feet to said POINT OF
BEGINNING.
Containing 3774 square feet, more or less.
AND PART "B"
Part of Government Lot 1, Section 20, Township 29 South, Range 16 East, pinellas County,
Florida, being described as follows:
Commence at the Northwest Corner of Government Lot 1, also being the Northwest Corner of
Section 20, Township 29 South, Range 16 East, pinellas County, Florida; thence along the
north line of said Government Lot 1 and said Section 20, S 89059'35" E, 100.00 feet to a
point on the existing east right of way line of State Road 55 (U.S. Highway 19) per the
Florida State Road Department Right of Way Map Section 1515-104(207); thence along said
existing east right of way line S 00052'04" W, 100.03 feet to the POINT OF BEGINNING; thence
leaving said existing east right of'way line, S 68007'31" E, 5.36 feet; thence S 00052'04" W,
413.78 feet; thence N 89007'56" W, 5.00 feet to a point on the said existing east right of
way line of State Road 55; thence along said right of way line N 00052'04" E, 415.70 feet to
said POINT OF BEGINNING.
containing 2074 square feet, more or less.
Total area of PARTS "A" and "B" containing 5848 square feet, 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:
INSTRUMENT DATE FROM TO OR Bk/Pg
EASEMENT OS/29/63 ESTATE OF EUGENE CITY OF CLEARWATER 1704/674
LOVICK PEARCE et al
EASEMENT 01/05/70 JAPANESE GARDEN CITY OF CLEARWATER 3243/72
MOBILE ESTATES, INC.
2. The UAO shall continue to have all rights under the UAO I S real property interest
document identified above, except that the use of the real p~operty shall be subject to the
control of the FDOT pursuant to par~graph 3 hereof.
3. The FDOT 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 FDOT may require, for any present or future transportation facility project,
that any facilities of the UAO be located, protected, adjusted, or removed as the FDOT
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 FDOT 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 FDOT standards as set forth in the FDOT's then current
Utility Accommodation Manual.
PARCEL 800.07
PAGE 2
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 FDOT 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 FDOT 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
failure of FDOT'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
By:
Director of Transportation Development for
District VII
WITNESS
PRINT NAME
PRINT NAME
ADDRESS:
SCOTT W. COLLISTER, P.E. CPCM
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
WITNESS .
PRINT NAME
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this
, 200_, by SCOTT W. COLLISTER, DIRECTOR OF TRANSPORTATION
for District VII, who is personally known to me or who has produced
identification.
day of
DEVELOPMENT
as
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 800.07
PAGE 3
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 r52../ 51 day of ~..J'I~
200L'~Z.~. ~
Notary Public - State of Florida
Print/type name~/4~e t!. 11tf'/l/);
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
its name, by its City
Board, this agreement
~.~1JL
t Cyn a E. Goudeau, ty lerk
DIANE E MANN!
MY COMMISSION it DDS26lU3
EXPIRES: Mar. 6. 2.\!10
F\OI'Ida NollIlY SoM<;e.cOfl\
,"~,\,.:" ~
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.~
,:;\.(I
l ; . 7', -.0153
\o\"~"'~
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.
200~.w:I~an~..eal tUs ~day of JC\.n~~
Not'ary Public - State of Flori~
Print/type name:
~0.r0... ~';\b<>-l
i)~ SANDRA HARRIGER
... MY COMMISSION # 00733691
EXPIRES: January 04, 2012
l.8OQ.I.NOTARY fl. Notary Oiscoont AsrGc. Co.
^-"^,
A~~jt'};.. .
Laura Mahony , AS~AttorneY
PARCEL 800.07
PAGE 4
WPIS 2568812
STATE ROAD 55
PINELLAS COUNTY
DESCRIPTION
PARCEL 800
PERPETUAL EASEMENT
PART "A"
Part of' Government Lot 1, Section 20, Township 29 South, Range 16
East, Pinellas County, Florida, being described as follows:
Commence at the Northwest Corner of Government Lot 1, also being the
Northwest Corner of Section 20, Township 29 South, Range 16 East,
Pinellas County, Florida; thence along the west line of said
Government Lot 1 and said Section 20, S 00052' 04" W, 1339.30 feet to
the southwest corner of said Government Lot 1; thence along the south
line of said Government Lot 1, S 89013'33" E, 100.00 feet to a point
on the existing east right of way line of State Road 55 (U.S. Highway
19), per the Florida State Road Department Right of Way Map Section
1515-104 (207), said point also being the POINT OF BEGINNING; thence
along said east right of way line N 00052'04" E, 754.89 feet; thence,
leaving said east right of way line, S 89007'56" E, 5.00 feet; thence
S 00052'04" W, 754.88 feet to a point on. the south line of said
Government Lot 1; thence along said south line N 89013'33" W, 5.00
feet to said POINT OF BEGINNING.
Containing 3774 square feet, more or less.
AND
PART "B"
Part of Government Lot 1, Section 20, Township 29 South, Range 16
East, Pinellas County, Florida, being described as follows:
Commence at the Northwest Corner of Government Lot 1, also being the
Northwest Corner of Section 20, Township 29 South, Range 16 East,
Pinellas County, Florida; thence along the north line of said
Government Lot 1 and said Section 20, S 89059'35" E, 100.00 feet to a
point on the existing east right of way line of State Road 55(U. S.
Highway 19) per the Florida State Road Department Right of Way Map
Section 1515-104 (207); thence along said existing east right of way
line S 0005Z'04" W, 100.03 feet to the POINT OF BEGINNING; thence
leaving said existing east right of way line, S 68007'31" E, 5.36
feet; thence S 00052'04" W, 413.78 feet; thence N 89007'56" W, 5.00
feet to a point on the said existing east right of way line of State
Road 55; thence along said right of way line N 00052'04" E, 415.70
feet to said POINT OF BEGINNING. .
Containing 2074 square feet, more or less.
Total area of PARTS "A" and "B" cont~ining 5848 square feet, more or
less.
Scale 1 ~~ 200 ~
This is not a survey
EXHIBIT" A"
~
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CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
LEGAL SKETCH
SUSORDINA T10N
PARCEL 800
PART -A-, PART -S-
_IV
D. KING
DIll NO.
LGL2008-18
IHElT
1 OF' 1
_IV
E. BARRETT
1lA"
11/~/2008
EI'-_
2o-295-16E
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310A