06-41
RESOLUTION NO 06-41
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OWNER
AND HOLDER OF CERTAIN EASEMENT INTERESTS RESERVED UNTO
ITSELF UPON ADOPTION OF ORDINANCE NO. 4816-89 AS
DESCRIBED IN O.R. BOOK 7037, PAGE 1945, 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 drainage and
utility easement reserved unto itself and encumbering portions of Lots 1 and 2, SEVER
PARK, as recorded in Plat Book 90, Page 59, public records of Pinellas County, Florida;
and,
WHEREAS, it is necessary that the City's above described easement interests as
same now encumber said Lot 1 and Lot 2 of said SEVER PARK, 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 easement as same now
encumbers said Lot 1 and Lot 2, SEVER PARK, 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. 06-41
.
Section 1 The application by the DOT for the subordination of City-owned
easement interests reserved unto itself in Ordinance No. 4816-89 adopted June 15,1989
as recorded in O. R. Book 7037, Page 1945, encumbering Lot 1 and Lot 2, SEVER
PARK, as recorded in Plat Book 90, Page 59, 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 agre~ment, and subject to the reservation of rights by the
City as set forth therein.
Section 3 The parcels for which Subordination of City Utility Interests Agreement
to be executed by the Mayor upon adoption of this Resolution are summarized as follows:
PARCEL : 106.03 and 107.03
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 17th day of August
,2006.
~'-.~~~
Fnfnk V. Hibbard, Mayor
Attest:
h
Resolution
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
PARCEL 106.03
WPI/SEG 2568812
S.R. NO.: 55
COUNTY PINELLAS
SECTION : 15150-XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 03/16/06 By: MARGARET H. CARON
UTL.04
SUBORDINA~ION OF CI~Y urILI~Y IHTERES~S
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.
W I ~ N E SSE ~ B:
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 FOOT 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 portion of Lot 2, SEVER PARK, as recorded in Plat Book 90, Page 59 of the Public Records
of Pine1las County, Florida, lying in the Southeast 1/4 of the Southeast 1/4 of Section 18,
Township 29 South, Range 16 East, in the City of Clearwater, Pinellas County, Florida, being
described as follows:
Commence at the northwest corner of Lot 2, SEVER PARK, as recorded in Plat Book 90, Page 59
of the Public Records of Pinellas county, Florida; thence along the north line of said Lot 2,
S 89019'40" E, 232.23 feet to the POINT OF BEGINNING; thence continuing along said north
line, S 89019'40" E, 27.43 feet to the northeast corner of said Lot 2 and a point on the
existing west right of way line of State Road 55 (U.S. Highway 19) as per Florida Department
PARCEL 106.03
PAGE 1
EXHIBIT A
of Transportation Section 15150-2512 Right of Way Map, said point also being on a non-tangent
curve concave to the west, having a radius of 755.94 feet; thence along said west right of
way, also being the east line of said Lot 2 and southerly along the arc of said curve 118.32
feet, through a central angle of 08058'05", having a chord bearing and distance of
S 11034'49" W, 118.20 feet to a point of tangency; thence continuing along said west right of
way line and east line of said Lot 2, S 16003'51" W, 13.08 feet to a non-tangent curve
concave to the east, having a radius of 3831.72 feet; thence northerly along the arc of said
curve 41.03 feet, through a central angle of 00036'49", having a chord bearing and distance
of N 00014'45" W, 41.03 feet to a point of tangency; thence N 00003'39" E, 87.65 feet to the
POINT OF BEGINNING.
Containing 2,019 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
ORDINANCE 06/30/89 JOHN F. SEVER, THE CITY OF 7037/1945
PRESIDENT, SOUTH CLEARWATER
GATE PARK, INC.
2. The UAO shall continue to have all rights under the UAO's real property interest
~ocument 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
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 FOOT
bearing the excess costs shall be by separate agreement.
PARCEL 106.03
PAGE 2
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 WL-COLLISTER, PIE. 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 -YII-, 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 106.03
PAGE 3
IN WITNESS WlIBUOJ!', the said party of theH:r:st part has signed and sealed
these presents the day and yea:r: fi:r:st above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
F:r:ank V. Hibbard, Mayor
By
William B. Horne, II, City Manager
A'l'TEST:
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 City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be his f:r:ee act and deed for the use and
purposes herein set forth, and who is personally known to me.
WITNESS my hand and offioial seal this _____ day of
,
2006.
Nota:r:y Public - State of Florida
Print/type name:
STA'l'E OF FLORIDA
1111
CO'DN'l'Y OF PINELLAS
BEFORE 0, the unde:r:signed, pe:r:sonally appea:r:ed william B. Horne, II, City
M&nagerof the City of Clearwater, Florida, who executed the foregoing instrument
and aCknowledged the execution thereof to be his free aot 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.
Nota:r:y Public - State of Florida
Print/type name:
Approved as to form:
Laura Lipowski, Assistant City Attorney
PARCEL 106.03
PAGE 4
EXHIBIT "A"
THIS IS NOT A SURVEY!!
S.W. corner Lot 2 P.O.B.
S 89'19' 40" E 232.23' S
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Plat Book 90, Page 59
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CITY OF CLEARWATER. FLORIDA
PUBllC WORKS ADMINISTRATION
ENGINEERING
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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
PARCEL 107.03
WPI/SEG 2568812
S.R. NO.: 55
COUNTY PINELLAS
SECTION : 15150-XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 03/16/06 By: MARGARET H. CARON
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 B:
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 FOOT 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 portion of Lot 1, SEVER PARK, as recorded in Plat Book 90, Page 59 of the Public Records
of Pinellas county, Florida, lying in the Southeast 1/4 of the southeast 1/4 of Section 18,
Township 29 south, Range 16 East, in the City of Clearwater, Pine1las County, Florida, being
described as follows:
Commence at the southwest corner of Lot 1, SEVER PARK, as recorded in Plat Book 90, Page 59
of the Public Records of .Pinellas County, Florida; thence along the south line of said Lot 1,
also being the south line of the Southeast 1/4 of Section 18, Township 29 South, Range 16
PARCEL 107.03
PAGE 1
East, S 88056'44" E, 199.91 feet to the southeast corner of said Lot 1 and a point on the
existing west right of way line of state Road 55 (U.S. Highway 19) as per Florida Department
of Transportation Section 1515-104(207) Right of Way Map; thence along the east line of said
Lot 1, also being said west right of way line, N 01003'39" E, 385.00 feet to the POINT OF
BEGINNING; thence departing said lines, N 88056'44" W, 1.70 feet to a non-tangent curve
concave to the west, having a radius of 3807.72 feet; thence northerly along the arc of said
curve 287.81 feet, through a central angle of 04019'51", having a chord bearing and distance
of N 02045'51" W, 287.74 feet to the point of reverse curvature with a curve concave to the
east, having a radius of 3831.72 feet; thence northerly along the arc of said curve 102.87
feet, through a. central angle of 01032' 18", having a chord bearing and distance of
N 04009'38" W, 102.87 feet to a point on the west right of way line State Road 55 (U.S.
Highway 19) as per Florida Oepartment of Transportation Section 15150-2512 Right of Way Map,
also being the north line of said Lot 1 and a point on a non-tangent curve concave to the
northeast, having a radius of 78.00 feet; thence along said lines, southeasterly along the
arc of said curve 31.95 feet, through a central angle of 23028'10", having a chord bearing
and distance of S 71023'58" E, 31.73 feet to the northeast corner of said Lot 1; thence along
said east line of Lot 1, also being said west right of way line of state Road 55 (U.s.
Highway 19) as per Section 1515-104(207) Right of Way Map, S 01003'39" W, 379.98 feet to the
POINT OF BEGINNING.
Containing 5,185 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 OATE FROM TO OR Bk/Pq
ORDINANCE 06/30/89 SOUTH GATE. PARK, THE CITY OF 7037/1945
INC. CLEARWATER
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.
PARCEL 107.03
PAGE 2
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
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 HILLSBOROUGH
The foregoing instrument was acknowledged before me this
, 200___, by SCOTT W. COLLISTER, DIRECTOR OF TRANSPORTATION
for District ~, who is pe~sonally known to me or who has produced
identification.
day of
DEVELOPMENT
as
PRINT NAME DEANNA L. A4P'~RMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 107.03
PAGE 3
IN WITNESS WHEREOF. the said party of the first part has signed and sealed
these presents the day and year first above written.
Countersigned:
CITY OF CLEARWATER. FLORIDA
Frank V. Hibbard. Hayor
By
William B. Horne. II. City Manager
ATTEST:
Cynthia E. Goudeau. City Clerk
STATE OF FLORIDA
ss
COUN'l'Y OF PINELLAS
BEFORE ME. the undersigned. personally appeared Frank V. Hibbard. the Hayor 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:
STATE OF FLORIDA
ss
COUN'l'Y 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:
Approved as to form:
Laura Lipowski, Assistant City Attorney
PARCEL 107.03
PAGE 4
.
EXHIBIT
"A"
THIS IS NOT A SURVEYl!
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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