06-01
:.
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2006053086 0211312006 at 08:56 AM
OFF REC BK: 14927 PG: 744-750
DocType:GOV RECORDING: $61.00
RESOLUTION NO. 06-01
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OWNER
AND HOLDER OF CERTAIN EASEMENT INTERESTS MORE
PARTICULARLY DESCRIBED IN O.R. BOOK 8406, PAGE 939 AND IN
THE PLAT OF SAM'S CLUB CLEARWATER AS RECORDED IN PLAT
BOOK 116, PAGES 80 AND 81, 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 1.06 mile segment of S. R. 55 from
south of Seville Boulevard to just north of S. R. 60 (herein, the "Project"); and,
WHEREAS, the City is owner and holder of the herein described blanket water
main and ingress/egress easement and additional easements set forth and encumbering
the plat of Sam's Club Clearwater as recorded in Plat Book 116, Page 80 and 81, public
records of Pinellas County, Florida ("Sam's Club"); and,
WHEREAS, it is necessary that the City's above described easement interests as
same now encumber Lot 1 of said Sam's Club plat, be subordinated to the DOT in order
to facilitate the Project; and
WHEREAS, the DOT has applied to the City to subordinate to the DOT certain
rights, title and interest that the City has in the referenced easements as same now
encumbers said Lot 1 of Sam's Club, 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 CLEAR\NATEI~,
FLORIDA:
Resolution No. 06-01
RESOLUTION NO 06-01
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OWNER
AND HOLDER OF CERTAIN EASEMENT INTERESTS MORE
PARTICULARLY DESCRIBED IN O.R. BOOK 8406, PAGE 939 AND IN
THE PLAT OF SAM'S CLUB CLEARWATER AS RECORDED IN PLAT
BOOK 116, PAGES 80 AND 81, 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 1.06 mile segment of S. R. 55 from
south of Seville Boulevard to just north of S. R. 60 (herein, the "Project"); and,
WHEREAS, the City is owner and holder of the herein described blanket water
main and ingress/egress easement and additional easements set forth and encumbering
the plat of Sam's Club Clearwater as recorded in Plat Book 116, Page 80 and 81, public
records of Pinellas County, Florida ("Sam's Club"); and,
WHEREAS, it is necessary that the City's above described easement interests as
same now encumber Lot 1 of said Sam's Club plat, be subordinated to the DOT in order
to facilitate the Project; and
WHEREAS, the DOT has applied to the City to subordinate to the DOT certain
rights, title and interest that the City has in the referenced easements as same now
encumbers said Lot 1 of Sam's Club, 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 CLEARWATER,
FLORIDA:
Resolution No. 06-01
Section 1 The application by the DOT for the subordination of City-'owned
easement interests described in that certain easement instrument dated April 28, 1993 as
recorded in O. R. Book 8406, Page 939, and additional easements set forth and
encumbering the plat of Sam's Club Clearwater as recorded in Plat Book 116, Pages 80
and 81, 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 Utility Interest Agreements
("Agreements"), 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 utility interests agreements 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 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 : 102.04 and 700.04
WPI/SEG : 414998
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 19th day of January
,2006.
~,.~ /~
Halik V. Hibbard, Mayor
Approved as to form:
LaU~ki' ~sistant City Attorney
Attest:
.......~, ,
'''<'''~
/
Resolution No. 06-01
WPIS 4149981
STATE ROAD 55
PINELLAS COUNTY
DESCRIPTION
PARCEL 102
RIGHT OF WAY
That part of Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat Book
116, Page 80 of the Public Records of Pinellas County, Florida, lying
in the Southeast 1/4 of Section 18, Township 29 South, Range 16 East,
being more particularly described as follows:
PART "A"
COMMENCE at the Northwest corner of said Lot 1, SAM'S CLUB CLEARWATER,
as recorded in Plat Book 116, Page 80, same also being the Southwest
corner of Lot 1, THE REGENCY, as recorded in Plat Book 85, Page 18 of
the Public Records of Pinellas County, Florida; thence along the
common line between said SAM'S CtUB CLEARWATER and said THE REGENCY
the following two (2) courses: 1) S 89040'52" E, 180.00 feet to the
Southeast corner of said Lot 1, THE REGENCY; 2) N 01003'36" E, 133.50
feet to the POINT OF BEGINNING, said point being 77.50 feet South of
the Survey Line of State Road 60 and the North line of the Southeast
1/4 of said Section 18, Township 29 South, Range 16 East, Pinellas
County, Florida; thence continue N 01003'36" E, along said common
line, 27.50 feet to the existing South right of way line of said State
Road 60, also known as the North line of said Lot 1, SAM'S CLUB
CLEARWATER; thence along said existing South right of way line the
following two (2) courses: 1) S 89041'14" E, 275.80 feet; 2)
S 83057'51" E, 53.62 feet to the Northwest corner of Lot 2, said SAM'S
CLUB CLEARWATER; thence S 00022'56" W, along the West line of said Lot
2, a distance of 22.19 feet; thence N 89040'52" W, 329.48 feet to the
said POINT OF BEGINNING.
Containing 8919 square feet, more or less.
AND
PART liB"
COMMENCE at the Southwest corner of Lot 1, SAM'S CLUB CLEARWATER, as
recorded in Plat Book 116, Page 80 of the Public Records of Pinellas
County, Florida; thence along the Southerly and Easterly lines of said
Lot 1 the following three (3) courses: 1) S 89018'19" E, 499.95 feet;
2) N 01003'27" 'E, 200.00 feet; 3) S 89018'00" E, 215.61 feet to the
POINT OF BEGINNING; thence continue S 89018' 00" E, along the said
Southerly line, 59.05 feet to the existing West right of way line of
State Road 55 (US Highway 19) per Section 15150-2512; thence along
said existing West right of way line the following two (2) courses: 1)
N 02026'33" E, 143.24 feet; 2) N 01038'04" E, 101.95 feet to a point
on a parcel of land defined as a Drainage Easement Area (Parcel 30q),
as recorded in Official Records Book 3579, Page 250 of the Public
Records of Pinellas County, Florida; thence along said Drainage
Easement Area the following three (3) courses: 1) N 89040'52" W, 13.00
feet; 2) N 01038'04" E, 13.50 feet; 3) S 89040'52" E, 13.00 feet to a
point on the aforementioned existing West right of way line of State
Road 55 (US Highway 19); thence along said existing West right of way
line for the following two (2) courses: 1) N 01038'04" E, 84.46 feet;
2) N 01003'37" E, 85.58 feet to a point on a parcel of land defined as
a Drainage Easement Area (Parcel 300), as recorded in Official Records
Book 3579, Page 250 of the Public Records of Pine lIas County, Florida;
thence along said Drainage Easement Area the following three (3)
courses: 1) N 88056'23" W, 13.00 feet; 2) N 01003'37" E, 15.00 feet;
3) S 88056'23" E, 13.00 feet to a point on the aforementioned existing
West right of way line of State Road 55 (US Highway 19); thence
N 01003'37" E, along said existing West right of way line, 342.26 f~et
to the Southeast corner of Lot 2, said SAM'S CLUB CLEARWATER; thence
N 89041'27" W, along the South line of said Lot 2, a distance of 20.85
feet to a point on a non-tangent CURVE concave westerly and having a
radius of 3809.72 feet; thence along the arc of said curve 107.86 feet
through a central angle of 01037'20", chord bearing S 03004'48" W,
107.85 feet; thence N 88056'21" W, 6.26 feet to a point on a non-
tangent curve concave westerly and having a radius of 3803.46 feet;
thence along the arc of said curve 77.14 feet through a central angle
of 01009'43", chord bearing S 04028'20" W, 77.14 feet; thence
S 88056'21" E, 4.26 feet to a point on a non-tangent curve concave
westerly and having a radius of 3807.72 feet; thence along the arc of
said curve 94.21 feet through a central angle of 01025'03", chord
bearing S 05045'41" W, 94.21 feet to a point of reverse curvature with
a curve concave easterly and having a radius of 3831. 72 feet; thence
along the arc of said curve 196.60 feet through a central angle of
02056'23", chord bearing S 04059'56" W, 196.57 feet; thence
N 88056'21" W, 3.00 feet to a point on a non-tangent curve concave
easterly and having a radius of 3834.72 feet; thence along the arc of
said curve 65.04 feet through a central angle of 00058'18", chord
bearing S 03002'36" W, 65.04 feet; thence N 88056'21" W,' 5.50 feet to
a point on a non-tangent curve concave easterly and having a radius of
3840.22 feet; thence along the arc of said curve 100.01 feet through a
central angle of 01029'32", chord bearing S 01048'14" W, 100.01 feet
to a point of tangency; thence S 01003'39" W, 146.25 feet to the said
POINT OF BEGINNING.
Containing 0.822 acres, more or less.
PARTS "A" and "B" having a combined area of 1.026 acres, more or less.
WPIS 4149981
STATE ROAD 55, PINELLAS COUNTY
PARCEL 102
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PARCEL 102/
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
~~ LEGAL SKETCH L~~~2
CHaCED BY WPIS 4149981 STATE. ROAD 55 SHEET
E. BARRETT PINELLAS COUNTY 1 OF" 1
DAlE SECT-TMP-RNG
11/07/2005 PARCEL 102 lB-29S-16E
PART "A" and PART "S" T
2998
WPIS 4149981
STATE ROAD 55
PINELLAS COUNTY
DESCRIPTION
PARCEL 700
TEMPORARY CONSTRUCTION EASEMENT
That part of Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat Book
116, Page 80 of the Public Records of Pinellas County, Florida, lying
in the Southeast 1/4 of Section 18, Township 29 South, Range 16 East,
being more particularly described as follows:
COMMENCE at the Northwest corner of said Lot 1, SAM'S CLUB CLEARWATER,
as recorded in Plat Book 116, Page 80, same also being the Southwest
corner of Lot 1, THE REGENCY, as recorded in Plat Book 85, Page 18 of
the Public Records of Pinellas County, Florida; thence along the
common line between said SAM'S CLUB CLEARWATER and said THE REGENCY
the following two (2) courses: 1) S 89040'52" E, 180.00 feet to the
Southeast corner of said Lot 1, THE REGENCY; 2) N 01003'36" E, 133.50
feet to the POINT OF BEGINNING, said point being 77.50 feet South of
the Survey Line of State Road 60 and the North line of the Southeast
1/4 of said Section 18, Township 29 South, Range 16 East, Pinellas
County, Florida; thence S 89040'52" E, parallel with said Survey Line,
70.00 feet; thence S 01003'36" W, 40.00 feet; thence N 89040'52" W,
70.00 feet to the said common line between SAM'S CLUB CLEARWATER and
THE REGENCY; thence N 01003'36" E, along said common line, 40.00 feet
to the said POINT OF BEGINNING.
Containing 2800 square feet, more or less.
WPIS 4149981
STATE ROAD 55, PINELLAS COUNTY
PARCEL 700
" 50'
Scale 1 =
This is not a survey
GULF TO BAY BLVD.
S.R. 60
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CLDB
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
~~I~ LEGAL SKETCH
........... WPIS 4149981 STATE ROAD 55 ,",m
E. BARRETT PINELLAS COUNTY 1 Of' 1
11/C:~005 PARCEL 700
_NO.
LGL 700
299B
SECr-_
1ll-295-16E
_CE
N/A
This instrument prepared by,
or under the direction of
RICHARD R. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
EXHIBIT"A"
PARCEL 700.04
WPIjSEG 4149981
S . R . NO.: 5 5
COUNTY PINELLAS
SECTION : 15150-XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 08/12/05 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 FOOT, 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 FOOT; and
WHEREAS, the FDOT is willing to participate in the cost of locating, protecting,
adjusting or removing the UAO's facilities if necessary to prevent conflict between the UAO's
facilities and the transportation facility;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FOOT 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 Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat Book 116, Page 80 of the
Public Records of Pinellas County, Florida, lying in the Southeast 1/4 of Section 18,
Township 29 South, Range 16 East, being more particularly described as follows:
PARCEL 700.04
PAGE 1
COMMENCE at the Northwest corner of said Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat
Book 116, Page 80, same also being the Southwest corner of Lot 1, THE REGENCY, as recorded in
Plat Book 85, Page 18 of the Public Records of Pinellas County, Florida; thence along the
common line between said SAM'S CLUB CLEARWATER and said THE REGENCY the following two (2)
courses: 1) S 89040'52" E, 180.00 feet to the Southeast corner of said Lot 1, THE REGENCY; 2)
N 01003'36" E, 133.50 feet to the POINT OF BEGINNING, said point being 77.50 feet South of
the Survey Line of state Road 60 and the North line of the Southeast 1/4 of said Section 18,
Township 29 South, Range 16 East, Pinellas County, Florida; thence S 89040'52" E, parallel
with said Survey Line, 70.00 feet; thence S OP03'36" W, 40.00 feet; thence N 89040'52" W,
70.00 feet to the said common line between SAM'S CLUB CLEARWATER and THE REGENCY; thence
N OP03'36" E, along said common line, 40.00 feet to the said POINT OF BEGINNING.
Containing 2800 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 04/28/93 WAL-MART STORES, CITY OF CLEARWATER 8406/939
INC.
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 700.04
PAGE 2
"
y
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 FDOT
bearing the excess costs shall be by separate agreement.
5. IT is understood and agreed by the parties hereto that the rights granted herein shall
terminate upon completion of this transportation project, but no later than the last day of
any TCE in favor of the FOOT which encumbers the property described herein.
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
WITNESS
PRINT NAME
By:
Director of Transportation Development for
District VII
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 HILLS BOROUGH
The foregoing instrument was acknowledged before me this day of
, 200___, by SCOTT W. COLLISTER, DIRECTOR OF TRANSPORTATION DEVELOPMENT
for District -YI1-, 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 700.04
PAGE 3
IN WITNESS WHEREOF, the UAO has caused these presents to be executed in its name by
its City Manager, countersigned by its Mayor, attested by its City Clerk, and its official
seal hereto affixed, effective this day of , 2006.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard, Mayor
By:
William B. Horne, II, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the
Ci ty 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
, 2006.
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
, 2006.
Notary Public - State of Florida
Print/type name:
. to _~~rm:
Assistant City Attorney
PARCEL 700.04
PAGE 4
WPIS 4149981
STATE ROAD 55, PINELLAS COUNTY
PARCEL 700
GULF TO BA Y BLVD.
Scale 111 50 I
This is not a survey
S.R. 60
70'
THE a a
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REGENCY
SUB \70'
PARCEL 700
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
D'Ml. NO.
~~I:c. LEGAL SKETCH LGUOO
l>iEaCEllSY WPIS 4149981 STATE ROAD 55 SHEET
E. BARRETT PINELLAS COUNTY 1 OF 1
SECT-TMiP-RNQ
PARCEL 7DD 18-29S-16E
ORDINANCE
N/A
DAlE
11/08/2005
lB.
299B