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RESOLUTION 94 -9
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING A CITY -OWNED UTILITY EASEMENT ALONG THE
NORTH SIDE OF STATE ROAD 586 (CURLEW ROAD) WEST OF
STATE ROAD 584 SURPLUS FOR THE PURPOSE OF
SUBORDINATING UTILITY INTERESTS TO THE STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE S.R.
584 HIGHWAY PROJECT; AUTHORIZING THE CITY MANAGER 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 construct or improve State Road 584 in Pinellas County,
Florida; and
WHEREAS, it is necessary that a portion of a certain utility easement,
described more particularly herein, now owned by the City, be subordinated to
the DOT; and
WHEREAS, Section 2.01(4)(4) of the City Charter authorizes the
conveyance of surplus City property to another governmental entity without
referendum approval, without competitive bidding, and for less than appraised
value; and
WHEREAS, the DOT has applied to the City for a subordination by the City
to the DOT of all rights, title and interest that the City has in the
easement, subject to the rights reserved to the City as described in the
agreement, and the application has been duly considered by the City
Commission; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The application of the DOT for the subordination of the
City -owned utility easement, subject to the reservations of rights by the City
as set forth in the subordination of utility interests agreement, is found and
declared to be for a valid public purpose, and the utility easement is hereby
declared surplus within the meaning of the City Charter. The City Manager is
authorized to execute the subordination of utility interests agreement to the
DOT in the form attached hereto as EXHIBIT "A" conveying the rights, title and
interests of the City in and to the real property described therein, in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration including, but not limited to, the benefits to be obtained from
the highway improvements.
Section 2. The agreement authorized to be executed by the City Manager
upon adoption of this resolution is summarized as follows:
DOT PARCEL NO. CITY'S INTEREST
170.05 Utility Easement
RECORDED AT
BOOK PAGE
O.R. 6349 1171
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 18th day of January , 1994
Attest:
Cyn hia E. Goudeau
Cit Clerk
E
i4o�
Rita Garvey
Mayor - Commissioner
This instrument prepaVyDrive or
under the direction o
Kenneth G. Wing
Department Si�C'a ranspo
11201 N. Malcolm McKi
Tampa, Florida 33612
PARCEL : 170.05
WPI NO. : 7116900
S.R. NO.: 584
COUNTY : PINELLAS
SECTION : 15080 -2510
Legal Description Approved : %�iyG lL
Date*.-- By: �L
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of , 199_, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY
OF CLEARWATER , a municipal corporation, hereinafter called City.
W I T N E S S E T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the City's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, City and FDOT agree as follows:
City hereby subordinates to the interest of FDOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
A parcel of land located in the Northeast 1/4 of Section 16, Township 28 South, Range 16
East, Pinellas County, 'Florida being more particularly described as follows:
As a point of reference commence at the Southeast corner of the Southeast 1/4 of said
Section 16; thence North 00 016.37" West, 2701.78 feet to the Southeast corner of the
Northeast 1/4 of said Section 16; thence North 00 017'57" West, 50.01 feet along the East
boundary of the Northeast 1/4 of said Section 16 to d point on the North right -of -way line
of State Road 586 (Curlew Road); thence North 89 °28'51" West, 778.92 feet along the North
right -of -way line of State Road 586 (Curlew Road) to the POINT OF BEGINNING; thence North
89 °28'51" Wast, 120.00 feet along the North right -of -Way line of State Road 586 (Curlew
Road); thence North 00 051109" East, 21.99 feet; thence South 89 028'51" East, 120.00 feet;
thence South 00 031'09" West, 21.59 feet to the POINT OF BEGINNING.
PARCEL 170.05 EXHIBIT A PAGE 1
This instrument prepared,by, or
Under the direction f
Kenneth G. Wing
Assistant General Counsel
Department of Tranopo ation
Containing 2,638 square feet, more or less.
RECORDED
NATURE OF
DATE
FROM
TO
O.R.
ENCUMBRANCE
BOOK PAGE
EASEMENT
09/17/86
PIZZA HUT OF
CITY OF CLEARWATER
5399/1171
AMERICA, INC.
ROVIDED that the City has the following rights:
1. The City shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and relocate facilities on, within, and upon the lands described
herein in accordance with the FDOT's current minimum standards for such facilities
as required by the FDOT, Utility Accommodation Manual in effect at the time the
agreement is executed. Any new construction or relocation of facilities within the
lands will be subject to prior approval by the FDOT. Should the FDOT fail to
approve any new construction or relocation of facilities by the City or require the
City to alter, adjust, or relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
Including, but not limited to the cost of acquiring appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of the utility permits
shall supersede any contrary provisions, with the exception of the provision herein
with reimbursement rights.
3. The City shall have A reasonable right to enter upon the lands described herein for
the purposes outlined in Paragraph 1 above, including the right to trim such trees,
brush, and growth which might endanger or interfere with such facilities, provided
that such rights do not interfere with the operation and safety of the FDOT's
facilities.
9. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT
against any loss or damage resulting from the City exercising its rights outlined
In Paragraphs 1 and 3 above.
PARCEL 170.05 PEKE 2
This instrument prepared by, r
Under the direction of
Kenneth G. Wing
Assistant General Counsel
Department of Transport on
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence of
WITNESS
PRINT NAB
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF HILL^a$OROUGH
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VII
ADDRESS 11201 N. MALCOLM McKINVEY Dr.
TAMPA FL 33612
The foregoing instrument was acknowledged before mss this day of
, 199_, by , DIRECTOR
gZ PRODUCTION for District VII , who is personally known to me or who has produced
as identification.
PARCtL 170.65
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 said grantor has caused these presents
to be executed in its name by its acting City Manager the day and
year aforesaid.
Attest:
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA }
COUNTY OF PINELLAS }
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula
Acting City Manager
BEFORE ME, the undersigned, personally appeared Elizabeth M.
Deptula, acting City Manager of the City of Clearwater, Florida,
who executed the foregoing instrument and acknowledged the
execution thereof to be her free act and deed for the use and
purposes herein set forth, and who is personally known to me.
1994.
WITNESS my hand and seal this day of
Notary Public
Print /type name:
PARCEL 170.05 page 4
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PARCEL I
(OR 6311, PG 852)
1" NATURAL GAS
SERVICE LINE
AREA TO BE
COVERED BY SUBORDINATION
EASEMENT
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RIGHT OF WAY
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CURLSW ROAD (SR 585)
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SECTION 16 T 28S R 16E
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SECTION DETAIL
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LEGAL INFORMATION
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SECTION
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POINT OF BEGINNING
POC
POINT OF COMMENCEMENT
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EXISTING GAS EASEMENT
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SUBORDINATION AREA
NOTE:
THIS IS NOT A SURVEY
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