13-17RESOLUTION NO. 13 -17
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
SUBORDINATING TWO CITY EASEMENTS IN FAVOR OF THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation proposes to construct or
improve State Road No. 590, Section 15050 -XXXX, in Pinellas County, Florida; and
WHEREAS, it is necessary that certain easement rights now owned by the City of
Clearwater, Florida, be subordinated to the rights of the State of Florida Department of
Transportation to accommodate said improvements; and
WHEREAS, said subordination is in the best interest of the City as State Road No. 590
lies within the City; and
WHEREAS, the State of Florida Department of Transportation has made application to
the City to execute and deliver to the State of Florida Department of Transportation a
subordination of utility interests, in favor of the State of Florida Department of Transportation,
and said request having been duly considered; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That the application of the State of Florida Department of Transportation for a
subordination of utility interests is for transportation purposes which are in the public or
community interest and for public welfare.
Section 2. That the two Subordination of Utility Interests (attached hereto and
incorporated herein as Exhibit "A "), in favor of the State of Florida Department of Transportation,
in the City of Clearwater, Florida, shall be drawn and executed by this City Council.
Section 3. That a certified copy of this Resolution be forwarded forthwith to the State of
Florida Department of Transportation at 11201 N. Malcolm McKinley Drive, Tampa, Florida
33612.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1 9th day of June , 2013.
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
George N. Cretekos
Mayor
Attest:
&'r /kJ1 ti
Rosemarie CaII
City Clerk
Resolution No. 13 -17
This instrument pre•ared by,
or under t d recj on of
By: �,v[44,„,"
Department of Tran-..ortation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL :. 801.05
WPI /SEG : 4271661
S.R. NO.: 590
COUNTY : PINELLAS
SECTION : 15050 -XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 04/24/2012 By: ROGER P. WHITLEY
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.
W I T N E S S E T E:
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 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 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:
A parcel of land being a portion of Lot 2 of The Padgett Estate, a subdivision as recorded in
Plat Book 4, Page 11 of the Public Records. of Pinellas County, Florida. Said parcel of land
also lying in and being a portion of the Northeast. Quarter of Section 15, Township 29 South,
Range 15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the center of Section 15, Township 29 South, Range 15 East, Pinellas County,
Florida; thence North -00 °01'03" West along the west line of.the Northeast quarter of said
Section 15, a distance of 2657.77 feet to the Northwest Corner of the Northeast Quarter of
said Section 15 and a Point of Intersection at Survey Line Station 98 +42.50 of State Road 590
.(Drew Street) per Florida Department of Transportation Financial Project No. 4271661; thence
PARCEL 801.05 PAGE 1
South 89 °18'56" East along the north line of the Northeast quarter of said Section 15, and
along said Survey Line 248.91 feet; thence South 0 °01'15" East, 17.16 feet to a point on the
existing south right of way line of said State Road 590 and the POINT OF BEGINNING, said
point being on the north line of said Lot 2; thence South 89 °15'04" East along the south
right of way line of said State Road 590, and said north line of Lot 2, a distance of 209.01
feet; thence South 00 °06'02" West, along the east line of said Lot 2, a distance of 6.39
feet; thence North 89 °36'30" West, 198.93 feet; thence S 45 °25'31" W, 14.12 feet to the
easterly right of way line of Jefferson Avenue; thence North 00 °01'15" East along said
easterly right of way line, 17.67 feet to the POINT OF BEGINNING
Containing 1522 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
04/02/76
CASPER HERZOG AND
MAGDALENA HERZOG,
HIS WIFE
CITY OF CLEARWATER
4401/215
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 FDOT pursuant to paragraph 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.
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 FDOT'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.bad
this subordination not been executed, the FDOT 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 FDOT
bearing the excess costs shall be by separate agreement.
PARCEL 801.05 PAGE 2
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this day
of ., 2012.
Signed, sealed and delivered in STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
the presence of:
By:
Director of Transportation Development for
WITNESS District VII
PRINT NAME
PRINT NAME DEBBIE HUNT
ADDRESS: 11201 N. Malcolm McKinley Dr.
WITNESS Tampa, Florida 33612
PRINT NAME
Legal Review
By:
District Counsel
• STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 2012, by DEBBIE,HUNT , DIRECTOR OF. TRANSPORTATION DEVELOPMENT
for District 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 Expires:
Serial No., if any:
PARCEL 801.05 PAGE 3
IN WITNESS WHEREOF, the UAO has caused to be executed in its name, by its City Council
acting by the Chairperson or Vice - Chairperson of said Board, this agreement effective this
day of , 2012.
ATTEST: - The City of CLEARWATER , Florida,
By Its City Council
PRINT NAME
Clerk (or Deputy Clerk) By:
Its Chairperson (or Vice - Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF CLEARWATER
The foregoing instrument was acknowledged before me this day of
, 2012, by . , Chairperson (or Vice -
Chairperson) of the CLEARWATER , Florida, City Council, who is personally known to me or
. who has produced as. identification.
PARCEL 801.05
PRINT NAME .
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PAGE 4
$ IIi WITNESS WHEREOF, the rties hereto have set their hands and
a4 ^ seals this Z AU: day of /-/PA , sr. , A.D. 1976.
r:. ; ti
I: :3O e
L L4401. 19..% 218
EASEMENT
—FOR ATM IN CONSIAERAT1ON of the sum of One Dollar (Si. CO) cash -
in band paid to then:, the receipt of which is hereby acknowledged, and the •
benefits to be derived therefrom, CASPER LIERZOC and MAXILLLNA HERZOG,
Ids wife, do hereby gr.dnt and convey to the G1TY OF CLEARWATER, FLORIDA,
a municipal corporation, an easement over, under and across the following
described land, lying and being situate in the County of Pinellas, State of
Florida, to wits
North 3 feet of Lot 2, Padgett Estate Subdivision, according
to the neap or plat thereof as recorded in Plat Book 4,
page 11 of the Public Records of-Pinellas County, Florida. -
This easement being for sidewalk installation and maintenance.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter
upon the above described premises and to construct, install and maintain
thereon any sidewalk and to inspect and alter such sidewalk from time to time.
Signed, sealed and delivered --•
r « y, in the . resence of:
Q�MCQS.
Hag
.1
4
STATE OF FLORIDA )
COUNTY OF PINELL.AS )
t air I' t.,.
F.
SO xr '''
c ig s
n• 2
Before me. personally appeared CASPER HERZOG and MAXI
HERZOG, his wife, to me well known and knowto me to be the indi
described in and who executed the foregoing instrument and acknowledged
before me that they executed the same for the purposes therein expressed.
WITNESS my band and official seal this 7 4- n day of itftil r (..
A. D. 1976.
▪ My Commission Expires:
MOWOM i.eic OM e, efla0: M Una
aetowassrswwoe. w• a tar
wM11 aqr ei .9 . .0110•v'9 n%11•11M:lrtr•
t• Notary 1 c _. •
• .. a .: �.• '! ',.. i oCuMENTARY —
s -� fLORi4A SVR talk
1
*Jima 1w
rt. i1 -�'-
.a�
This instrument prepared by,
or under t ection of
By:
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL : 806.03
WPI /SEG : 4271661
S.R. NO.: 590
COUNTY : PINELLAS
SECTION : 15050 -XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 05/24/12 By: GEORGE W. MASSEY
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.
W I T N E S S E 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 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 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 of Lot 8, Block B, Plaza Park Addition Subdivision as recorded in Plat Book 5, Page 53,
of the.Public Records of Hillsborough County, Florida, of which Pinellas County was formerly
a part, lying in the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 29 South,
Range 15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the northeast corner of Block B of said Plaza Park Addition Subdivision; thence
South 00 °16'32" West along the easterly line of said Block B, 263.85 feet to the POINT OF
BEGINNING; thence continue South 00 °16'32" West along the easterly line of said Block B,
26.22 feet; thence South 45 026'13" West,'7.05 feet to a point on the northerly right of way
line of State Road 590 as depicted on Florida Department of Transportation right of way
control survey for said State Road 590 (Financial Project Number 4271661, Section 15050);
PARCEL 806.03 PAGE 1
thence North 89 °25'41" West along said northerly right of way line, 11.48 feet; thence
North 28 °10'14" East, 35.22 feet to the easterly line of said Block B and the POINT OF
BEGINNING.
Containing 245 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
01/16/85
ANTHONY P. GRANESE
CITY OF CLEARWATER
5938/784
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 FDOT pursuant to paragraph 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.
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 FDOT'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 FDOT 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 FDOT..
bearing the excess costs shall be by separate agreement.
PARCEL 806.03 PAGE 2
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this day
of 2012.
Signed, sealed and delivered in STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
the presence of:
By:
Director of Transportation Development for.
WITNESS District VII
PRINT NAME
PRINT NAME DEBBIE HUNT
ADDRESS: 11201 N. Malcolm McKinley Dr.
WITNESS Tampa, Florida 33612
PRINT NAME
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 2012, by DEBBIE HUNT , DIRECTOR OF TRANSPORTATION DEVELOPMENT for District
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- Expires; .
Serial No., if any:
PARCEL 806.03 PAGE 3
IN WITNESS WHEREOF, the UAO has caused to be executed in its name, by its City Council
acting by the Chairperson or Vice - Chairperson of said Board, this agreement effective this
day of , 2012.
ATTEST:
By Its City Council
The City of CLEARWATER , Florida,
PRINT NAME By:
Clerk or Deputy Clerk) Its Chairperson (or Vice - Chairperson)
STATE OF FLORIDA
COUNTY OF PINELLAS
PRINT NAME
ADDRESS
The foregoing instrument was acknowledged before me this day of
, 2012, by , Chairperson (or Vice -
Chairperson) of the CLEARWATER , Florida, City Council, who is personally known to me or
who has produced as identification.
PARCEL 806.03
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
a
��:,.�✓ EASEMENT
•
85038500
FOR AND IN CONSIDERATION of t e sum of One Dollar (i1.00)
cash in hand paid to thee , the receipt of which ie hereby acknowl-
edged, end the benefi s o be derived therefrom,
2 Anthony P. Cranes* and Toni H. Cranes
.01 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA,
an•ee..sent over, under and across the following described lend,
tilying and being situate in the County of Pinellee, State of Florida,
to wits Utility Easement
LI FA ti
0.15938 * 784
Commence at the Southeast corner of Lot 8, Block 8, Plaza
Park Subdivision as recorded in Plat Book 5, Page 53, of the
Public 'Records of Hillsborough County, of which Pinellas
County wee once a Part; thence run North, along the Eaot
line of said Lot 8, 5 feet, to the Point of Beginning; ••)
thence continue North, along said East line, 10 feat;
thence Run West, parellei to thk south line Of said
Lot 8, 5 feet; thence run South, along a line parallel to
the East Lot lino parallel to the south line ha run e
neofsaidLot8,
along a
5 feet to the Point of Beginning.
4.14 City will relocate the palm tree, in the easement, to
ii ' meet the desires of the grantor. Any additional land -
e y seeping changes to this easement shall be approved by the
sp+3'; '� grantor.
9:"r','. This easement being for installation and maintenance of a
?•.• s•-:,traffic signal pole. The-City of Clearwater shall not use this
' .-easement for any other purpose.
t TA
2.e.
d t The CITY OF CLEARWATER, FLORIDA, shall have the right to
:enter upon the above described premises and to construct, install
'8 Send maintain thereon a traffic signal pole and to inspect end
Ac, g altar such traffic signal pole from time to time.
11
IN WITNESS WHEREOF, the parties
hands and seal this ♦lt
,
_ Signed, sealed and delivered
in the presence oft.
STATE OF FLORIDA )
COOKY OF PINELLAS
haVe set their
day o wark‘
• renege
(SEAL
(SEAL)
'Toni. H. Grenege
Before me personally appeared Anthony P. Gramme and
Toni H. Graneae
to me well known and known to me to be the individuals described
in and who executed the foregoing instrument end acknow edged before
me that they executed the ease for the purposes therein expressed.
WITNESS my hand end official seal this tie .0011,.°F
Ch. . 1985 .
My Commieeion Expireet
40 Reo�..•a'
Ott
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