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INST ## 94- 264790 PINELLAS ' "O[7NTY FLA.
SPT 21, 1994 4:51PM � OFF.REC.BK 90 PG 254
RESOLUTION 94 -71
•
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING CITY -OWNED RIGHT OF WAY EASEMENTS ALONG THE
FSES �_ SOUTH SIDE OF STATE ROAD 586 (CURLEW ROAD) BETWEEN LAKE
SHORE LANE AND NORTHRIDGE DRIVE SURPLUS FOR THE PURPOSE
OF SUBORDINATING UTILITY INTERESTS TO THE STATE OF
TC _.,FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE S.R. 586
HIGHWAY PROJECT; AUTHORIZING THE CITY MANAGER TO
SV EXECUTE THE SUBORDINATION OF UTILITY INTEREST
AGREEMENTS 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 586
in Pinellas County, Florida; and
WHEREAS, it is necessary that portions of certain right -of-
way easements, described more particularly herein, now owned by the
City, be subordinated to the DOT; and
WHEREAS, Section 2.01(d) (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 subordination by
the City to the DOT of all rights, title and interest that the City
has in the easements, 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 City -owned right -of -way easements, 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 right -of -way easements are hereby declared surplus
within the meaning of the City Charter. The City Manager is
authorized to execute the subordination of utility interests
agreements 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.
RETURN T0:
CITY CLERK
POST OFFICE BOX 4748
CLEARWATER, FL 34618.4748
q �_ 7%
PINELLAS COUNTY FLA.
OFF.REC.BK 8790 PG 255
Section 2. The agreements authorized to be executed by the
City Manager upon adoption of this resolution are summarized as
follows:
a oaoaa�.
is .E., Goudeau, City C
r
/ -71
RECORDED AT
DOT PARCEL NO. CITY'S INTEREST
BOOT{
PAGE
141.04
Drainage Easement
P.B.
0080
0040
142.03
Drainage Easement
P.B.
0080
0040
143.04
Drainage Easement
P.B.
0080
0040
144.03
Drainage Easement
P.B.
0080
0040
145.04
Landscape Easement
P.B.
0086
0065
Section 3.
This resolution shall take
effect
immediately upon
adoption.
PASSED AND
ADOPTED this 15th of September
, 1994.
a oaoaa�.
is .E., Goudeau, City C
r
/ -71
This instrument prepared'by, or
under theKMR5iMn9 f
Assistant General Counsel
Department of Transportat'on
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PINELLAS COuATY FLA.
OFF.REC.BK 8790 PG 256
PARCEL : 141.04
WPI jZo, : 7116917 EXHIBIT_ "A"
S.R. NO.: 586
COUNTY PINELLAS
SECTION 15009 -2540
Legal Description Approved:
Date: JUNE fi 1994 __ By: WILLIAM MELTON r _
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 subordinated 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 Lot 86, WYNWOODS LANDING II according to the map or plat
thereof as recorded In Plat Book 88, Pages 40 42 inclusive of the Public Records of
Pinellas County, in Section 17, Township 28 South, Range 16 East, Pinellas County, Florida
being more particularly described as follows:
As a point of reference commence at the Southwest corner of the Northwest 1/4 of said
section 17; thence South 89 °50'37" East, 60.00 feet along the South line of the Northwest
1/4 of said Section 17 to a point an the East right -of -way line of Lake Shore Lane; thence
North 00 035140" Westr 331.35 feet along the Went lot line of said Lot 86 also being the
East right -of -way line of Lake Shore Lane to the POINT OF BEGINNING; thence continuing
along the West lot line of said Lot 86, North 00035140" West, 23.62 feet to a point on the
PAGE 1
PARCEL 141.04
�1-
PINELLA- COUNTY FLA.
OFF.REC.BK 8794 PG 257
This instrument prepared y, or
Under th direction of
Kenneth G. %
Assistant Gsnacaf Counset�
Department of Transports i.on
southerly existing right -of -way line of State Road 586 (Curlew Road); thence 23.75 feet
along the arc of a curve to the right of said Southerly existing right -of -way line whose
radius is 1839.86 feet, central angle is 00 044'23" and has a chord bearing and distance
of South 81006'26" East, 23.75 feet; thence 34.86 feet along the arc of a curve to the left
whose radius is 20.00 feet, central angle is 99 051'25" and has a chord bearing and distance
of South 49 020'03" West, 30.61 feet to the POINT OF BEGINNING.
Contains 126 square feet, more or less.
RECORDED
PROVIDED 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.
4. 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 141.04 PAGE 2
?"I
FROM
TO
O.R.
BOOK /PAGE
NATURE OF
ENCUMBRANCE
DATE
EASEMENT
03/21/84
WILLIE M. BREWTON
CITY OF CLEARWATER
PB 80/40
PROVIDED 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.
4. 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 141.04 PAGE 2
?"I
PINELLAS COUNTY FLA.
OFF.REC•EK 8790 PG 258
This instrument prepared by, or
Under the di action o£
Kenneth . Wing
Assistant General Counsel
Department of Transpor ation
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 NAME
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VII
ADDRESS 11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
The foregoing instrument was acknowledged before me this day of
, 199 , by , DIRECTOR
OF PRODUCTION 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 141.04 PAGE 3
1
PINELLi COUNTY FLA.
OFF.RTC.BK 8790 PG 259
This instrument prepared by, or
Under nn��`t�ing of
Assistant General Counsel
Department of Transport ti.,
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name b its Board of City Commissioners acting by the Chairperson or Vice - Chairperson of
said Boa r4, the day and year aforesaid.
ATTEST:
PRINT
(or
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER , Florida,
By Its City Council
By:
Its Chairperson (or Vice - Chairperson)
PRINT NAME
ADDRESS
The foregoing instrument was acknowledged before
, 199 , by
(or Vice-Chairperson) of the CITY OF CLEARWATF.B6_, F7
personally known to me or who has produced
w,
PARCEL 141.04
this day of
Chairperson
` City Council, who is
as identification.
PRINT NAME -�-
Notary Public in and for the
County and State last aforesaid.
My Commission Expires!
Serial No., if any:
PAr.0 4
g Y r i L
Countersigned:
Rita Garvey, Mayor - Commissioner
PINELLAS CONN75C FLA.
OFF.REC.BK 8790 PG 260
CITY OF CLEARWATER
By:
Elizabeth M. Deptula
City Manager
Attest:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor -
Commissioner 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.
WITNESS my hand and official seal this day of , 1994.
Notary Public
Print /type name:
STATE OF FLORIDA
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, 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.
WITNESS my hand and official seal this day of , 1994•
Notary Public
Print /type name:
Approved as to form and correctness:
Miles A. Lance, Assistant ClEy Attorney
PARCEL 141,04 PAGE 4
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