15-20RESOLUTION NO. 15 -20
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
SUBORDINATING THE CITY'S EASEMENT INTEREST OVER
CERTAIN REAL PROPERTY LOCATED AT THE INTERSECTION
OF GULF TO BAY BOULEVARD AND BELCHER ROAD TO THE
FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a utility easement was dedicated to the public in that certain Plat recorded in
Plat Book 124, Page 74 of the Public Records of Pinellas County, Florida at the intersection of Gulf
to Bay Boulevard and Belcher Road; and
WHEREAS, the aforementioned intersection falls under the jurisdiction of the Florida
Department of Transportation (FDOT); and
WHEREAS, FDOT proposes to improve a portion of State Road 60; and
WHEREAS, it is necessary that certain rights now owned or controlled by the City be
subordinated to the rights of FDOT; and
WHEREAS, FDOT has made application to the City to execute and deliver to FDOT a
subordination of utility interests in favor of FDOT, 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 FDOT for subordination of utility interests is for
transportation purposes which are in the public or community interest and for public welfare; that
such subordination of utility interests, in favor of FDOT, shall be approved and executed by this City
Council.
Section 2. A certified copy of this Resolution shall be forwarded forthwith to FDOT at 11201
N. Malcolm McKinley Drive, Tampa, Florida 33162.
Section 3. This resolution shall take effect immediately upon adoption.
3rd September
PASSED AND ADOPTED this day of , 2015.
Approved as to form: Attest:
Laura Lipowski Mahony
Assistant City Attorney
C(e0 (It f‘crtk(kr
George N. Cretekos
Mayor
Rosemarie Call
City Clerk
This instrument prepared by,
or u %.' th- d' ec•ion o
By J /;,.fJ 4, / 4.4-
.4aAA'
Depart,ent of Transport = ion
11201 N. Malcolm McKinl =, Drive
Tampa, Florida 33612
PARCEL : 106.04
WPI /SEG : 4325861
S.R. NO.: 60
COUNTY : PINELLAS
SECTION : 15040 -XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 11/04/14 By: JUDITH G. FERGUSON
UTL.CTYCLW
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.
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 FOOT; and
WHEREAS, the FDOT agrees to compensate the City for the cost of relocating, protecting,
adjusting, or removing the City's facilities if necessary to prevent conflict between the
City'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 PORTION OF LOT 2 OF CVS - GULF TO BAY - CLEARWATER SUBDIVISION AS RECORDED IN PLAT BOOK
124, PAGE 74 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY
PARCEL 106.04 PAGE 1
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 1 OF SAID CVS - GULF TO BAY - CLEARWATER; THENCE
SOUTH 00 °01'36" WEST ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE SOUTHEAST CORNER OF
SAID LOT 2; THENCE NORTH 89 °41'31" WEST ALONG THE SOUTH LINE OF SAID LOT 2 AND EXISTING
NORTHERLY RIGHT OF LINE OF STATE ROAD 60, (GULF TO BAY BOULEVARD), A DISTANCE OF 277.86 FEET
TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF BELCHER ROAD AND THE POINT OF BEGINNING;
THENCE NORTH 44 °52'33" WEST ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID BELCHER ROAD, A
DISTANCE OF 9.94 FEET; THENCE NORTH 00 °06'44" WEST ALONG THE EASTERLY RIGHT OF WAY LINE OF
SAID BELCHER ROAD, A DISTANCE OF 38.54 FEET; THENCE SOUTH 55 °33'01" EAST, A DISTANCE OF 47.11
FEET; THENCE SOUTH 89 °39'17" EAST, A DISTANCE OF 79.65 FEET; THENCE SOUTH 76 °10'31" EAST, A
DISTANCE OF 81.49 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT OF WAY LINE OF SAID STATE
ROAD 60; THENCE NORTH 89 °41'31" WEST ALONG THE EXISTING NORTHERLY RIGHT OF WAY LINE OF SAID
STATE ROAD 60, A DISTANCE OF 190.55 FEET TO THE POINT OF BEGINNING.
CONTAINING 3502 SQUARE FEET, MORE OR LESS.
INSTRUMENT
DATE
FROM
TO
PB /Pg
DRAINAGE AND
UTILITY
EASEMENT
08/15/00
CVS 2731 CLEARWATER,
LLC.
CITY OF CLEARWATER
124/74
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 City be relocated, protected, adjusted, or removed as the
FDOT determines is necessary (including the timing of any of such activities) to
accommodate the transportation facility project. FDOT agrees to compensate the City,
in accordance with Florida law, should it become necessary for the City's facilities to
be relocated, protected , adjusted, or removed as the FDOT determines is necessary
(including the timing of such activities) to accommodate the transportation facility
project.
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.
PARCEL 106.04 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 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.
5. Nothing in this agreement shall be deemed a waiver or alteration of the City's rights to
compensation from FDOT pursuant to Florida law.
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this day
, 2015.
Signed, sealed and delivered in STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
the presence of:
WITNESS
PRINT NAME
WITNESS
PRINT NAME
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
By:
Director of Transportation Development for
District VII
PRINT NAME
ADDRESS:
DEBBIE HUNT
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
The foregoing instrument was acknowledged before me this day of
, 2014, by DEBBIE HUNT , DIRECTOR OF TRANSPORTATION DEVELOPMENT for
who is personally known to me or who has produced
as identification.
District
VII
PARCEL 106.04
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PAGE 3
IN WITNESS WHEREOF, the UAO has caused this agreement to be signed in its political name by its
proper officers thereunto duly authorized and its official political seal to be hereunto affixed and
attested this 9'i` day of Sep+c-wtioe.v , 2015.
Countersigned:
— Witt cr V of
George N. Cretekos, Mayor
Approved as to form:
Laura Lipowski Mahony,
Assistant City Attorney
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS :
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II, City Manager
Attest:
Rosemarie Call, City Clerk
BEFORE ME, the undersigned, personally appeared George N. Cretekos, and William B. Horne, II,
Mayor and City Manager respectively of the City of Clearwater, Florida, who executed the foregoing
instrument and acknowledged the execution thereof to be their free act and deed for the use and
purposes herein set forth, and who are personally known to me.
WITNESS my hand and official seal this g day of SzerseNk , 2015.
Notary Public 1,
`rte
Print/Type Name
My commission expires: t I`4 Its
i .RVgss SANDRA HARRIOER
o�_ NOTARY PUBLIC
'_ STATE OF FLORIDA
Ii Conlm# EE142238
Expires 1/4/2016
*CE 191
PARCEL 106.04 PAGE 4
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Location of Easement Subordinations to FDOT
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Scale: N.T.S.
Prepared by:
Clearwater 1008. Myrtle Ave, Clea Owater, FL' 33756
U Ph: (]3])661 4]e0, Fax: (]2])6264]66
www.MVClearwaler.corn
EASEMENT SUBORDINATION TO FDOT
NE corner of Gulf to Bay Blvd & Belcher Rd.
Map Gen By: JB
Reviewed By: CL
Date: 09/02/2015
Grid #: 289A & 290A
Page: 1 of 2
Document Path: V \GIS\ StafM1lim_B\Protects- Location Maps \Chuck Lane\GTB Easement_FOOT 1 -2.mcd
LOCATION MAP
Easement Subordination to FDOT
f0Clearwater erring Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33766
0 Pb: IyP1662iyClear a: i r.com6A166
vrw62476 , Fax: er.cam
EASEMENT SUBORDINATION TO FDOT
NE corner of Gulf to Bay Blvd & Belcher Rd.
Map Gen By JB
Reviewed By: CL
Date: 09/02/2015
Grid #: 289A 8 290A
Page: 2 of 2
Document Path: V: \GIS\ StafNim_B \Projects- Location Maps \Chuck Lane\GTB Easement_FDOT 2 -2.mxd
Clearwater City Council
Agenda Cover Memorandum
Work Session Item #:
Final Agenda Item #:
Meeting Date:
9 -3 -15
SUBJECT /RECOMMENDATION:
Approve a Subordination of City Utility Interests agreement subordinating a City easement in favor of the State of
Florida Department of Transportation; adopt Resolution 15 -20; and authorize appropriate officials to execute same.
The State of Florida Department of Transportation (FDOT) is planning a multi - phased project to resurface
State Road 60. In support of the project, FDOT has acquired additional right -of -way on the northeast
corner of Gulf to Bay Boulevard and Belched Road. FDOT has requested that the City subordinate a
platted utility easement located within the new FDOT property interest. FDOT is planning to construct a
westbound right turn lane.
The platted utility easement will remain in effect, however the City's rights under this easement will be
subject to FDOT's rights.