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95-2INST # 95- 006825 JAN 10, 1995 3:49PM ACCT d O 7 Q PINELLAS COUNTY FLA. CODE : RESOLUTION 95 -7 OFF.REC.BK 8887 PC 2119 REC DR219 DS A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, iNT DECLARING CITY- OWNED RIGHT OF WAY EASEMENTS ALONG Pic THE SOUTH SIDE OF DREW STREET (COUNTY ROAD 528) CERT JUST WEST OF ITS INTERSECTION WITH U. S. HIGHWAY 19 (STATE ROAD 55) SURPLUS FOR THE PURPOSE OF FEES SUBORDINATING UTILITY INTERESTS TO THE STATE OF MTF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE S. R. 55 HIGHWAY PROJECT; AUTHORIZING THE CITY TQ _TA L, MANAGER TO EXECUTE THE SUBORDINATION OF UTILITY INTERESTS AGREEMENT WITH THE DEPARTMENT OF LA TRANSPORTATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Transportation (herein the "DOT ") , proposes to construct or improve State Road 55 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 and without competitive bidding; 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 easements, subject to the rights reserved to the City as described in the agreements, 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 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 interest 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 agreement with 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 herein, in consideration of the sum of $1.00 and other good and valuable consideration, including but not limited to, the benefits to be obtained from the highway improvements. P7TIRM TO', s CI111 C °. rr11( c PINELLAS COUNTY FLA. OFF.REC.BK 8887 PG 2120 Section 2. The agreement authorized to be executed by the City Manager upon adoption of this resolution is as depicted in Exhibit "A -1" and is summarized as follows: FDOT CITY'S INTEREST RECORDED AT PARCEL NO. BOOK PAGE 807.02 Sanitary Sewer Easement O.R. 2986 0639 Drainage & Utility Easement O.R. 6302 1750 Blanket Water Main and Gas D.B. 0095 0066 Main Easement Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 5th day of January Attest: Cynt is E Goudeau, City Clerk 'r r I hereby cerhf that thL5 is a true and correct Cony o! the ori ginal as it appea,s in the files of the City of Ojearwator. Witness mofhal d and xer. offioml of the 'ty S Of ' q pu►y Clesla Res95 -2.ewb 1994. Rita Garvey, Mayor —Com sioner This instrument prepared by, or under the direction 'o Kenneth G. Wing Assistant General Cngnsr Department of, Transpor ation 11201 N. Malcolm McKin ey Drive Tampa, Florida 33612 Legal Description Approved; Date: June 22, 1994 By; Brent J. Davis UTL.04 PARCEL 807.02 WPI NO. 7117045 S.R. NO.: 55 COUNTY PINELLAS SECTION 15150 -2566 SU13OPT;4ATION OF CITY 'UTILITY I14TERESTS EXHIBIT "All PINELLAS COUNTY FLA. OFF,REC.BK 8887 PG 2121 THIS AGREEMENT, entered into this _ day of , 199_, by and between the STATE OF FLORIDA DEPhATMENT QF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF CLEARWATER , a municipal corporation, hereinafter called City. VW, V I T y E S S E T H: WHEREAS, the City presently has an interest in certain lands that jave been determined neceegarx for highway Purposes; and I WHEREAS, the proposed use of these lands for highway purposes will regL�re subordination of tpe interest claimed in such lands by City tq the FDOT; and WHEREAS, the i:POT is Willing to pay to have the City's facilities relocated if necessary to prevent cor}flict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in Conpideration of the mutual covenants and promisee of the parties hereto, City an4 FDOT agree ae follows: City hereby eubordipahes to the interest of FDOT, its successor$, or ass�gns', any and all of its interest in th} lands as follows, viz: That part of. Lot 2 -?�, CAMPU4 WXLK, according to map or plat thereof recorded In Plat Book 95, Page 66; Public Records of Pinellag Coupty, Florida, lying in Section 18, Township 29 South, Range 16 East, Pinellas Pquinty, Florida. More particularly despribeq ap follows: Commence at a 5/81' iron rod with cap no. LB -33 marking the Northwest corner of the Northeast 1/4 of Section 18( Township 29 South, Range 16 East, Pinellas County, Florida, thence South 89 039'46" East, 1976,74 feet along the North boundary of the Northeast 1/4 of said Section 18; thence South 00020,11" West, 49.)9 feet to the North boundary of said Lot 2 -A (South right -of -wax line of Drew Street) and the POINT OF BEGINNING; thence South 89 038159" East, 62.15 feet along the North boundary of said Lot 2 -A (South right -of -way line of Drew Street); thence Sout•(i 81 `101'53" Euut, 292.38 feet; thence South R9 039'46" PARCEL 807.02 PACE 1 J ,%pis -A This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transpor tion PINELLAS COUNTY FLA. OFF.REC.BK 8887 PG 2122 East, 24.78 feet to the Westerly right -of -way line of a Service Road, as recorded in Official Record Book 3579, Page 250, Public Records of Pinellas County, Florida; thence along said Westerly right -of -way line (East boundary of said Lot 2 -A), South 01 °02'10" West, 14.18 feet to the Northeast corner of Lot 1 of said plat; thence along the North line of said Lot 1 and the South line of said Lot 2 -A, North 89 139146" West, 7.66 feet; thence leaving said Lot line, North 83 °31154" West, 307.74 feet; thence North 89 038159" West, 64.09 feet; thence North 00 120'14" East, 10.00 feet to the POINT OF BEGINNING. Containing 4,179 square feet, more or less. RECORDED NATURE OF ENCUMBRANCE DATE FROM TO 0. R. BOOK /PAGE EASEMENT 12/31/68 DANIEL BANDES, et al CITY OF CLEARWATER 2986/639 EASEMENT 06/30/86 ROBERT E. ALPAUGH, CITY OF CLEARWATER 6302/1750 et al BLANKET WATER 11/16/86 ROBERT E. ALPAUGH, CITY OF CLEARWATER DB 95/66 MAIN & GAS et al MAIN EASEMENT 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 PARCEL 807.02 PAGE 2 !�3y1 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General COUJSa Department of Transport ion in Paragraphs 1 and 3 above. PINELLAS COUNTY FLA. OFF.REC.BK 8887 PG 2123 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. PARCEL 807.02 PRINT NAME' Notary Public in and for the County and State last aforesaid. My commission Expires: Serial No., if any: PACE 3 PINELLAS COUNTpGFLA. This instrument prepared by, or OFF.REC.BK 8887 Under the direction o Kenneth G. Wing Assistant General Counsel Department of Transpo tation IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name y its Board of City Commissioners acting by the Chairperson or Vice - Chairperson of said BQard, the day and year aforesaid. ATTEST: PRINT NAME_ Cle ty Clerk) CITY OF CLEARWATER , Florida, By Its City Council By: Its Chairperson (or Vice - Chairperson) PRINT NAME ADDRESS PARCEL 807.02 PRINT E Notary blic in and for the County an State last aforesaid. My Commiss n Expires: Serial No. , \f any: PACE 4 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrumen\wasac no wledged before me this day of , 199 , by , Chairperson (or Vice - Chairperson) of the CITY OF CL RWATER , Florida, City Council, who is personally known to me or who has produced as identification. PARCEL 807.02 PRINT E Notary blic in and for the County an State last aforesaid. My Commiss n Expires: Serial No. , \f any: PACE 4 "tea N PINELLAS COUNTY FLA. OFF.REC.BK 8887 PG 2125 IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor- Commissioner and its City Manager, the day and year aforesaid. Countersigned: Rita Garvey, Mayor- Commissioner STATE OF FLORIDA ) COUNTY OF PINELLAS ) CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau, City Clerk BEFORE ME, the undersigned, personally appeared Rita Garvey, 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 seal this __ day of , 1995. Notary Public Print /type name: STATE OF FLORIDA ) COUNTY OF PINELrLAS ) 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 seal this day of Notary Public Print /type name: Approved as to torte and legal sufficiency. Miles A. Lance, Assistant C1tuy Attorney - 13ARCEL 807002 1995. PAGE A ''r-PA WAY Z to O n m (D " �' II N O O O Q ro O O co S as7o -879 EXHIBIT "A -1" ROAD n T CO U) clil N rn � n !� o LL', CO c N � N m -i yt am -' N� O 1954 -328 U.S.19 — A PINELLAS COUNTY FLA. OFF.REC.BK 8887 PG 2126 C.R. 535 2963 -134 RESOLUTION 95 -2 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DECLARING CITY -OWNED RIGHT OF WAY EASEMENTS ALONG THE SOUTH SIDE OF DREW STREET (COUNTY ROAD 528) JUST WEST OF ITS INTERSECTION WITH U. S. HIGHWAY 19 (STATE ROAD 55) SURPLUS FOR THE PURPOSE OF SUBORDINATING UTILITY INTERESTS TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE S. R. 55 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 55 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 and without competitive bidding; 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 easements, subject to the rights reserved to the City as described in the agreements, 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 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 interest 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 agreement with 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 herein, in consideration of the sum of $1.00 and other good and valuable consideration, including but not limited to, the benefits to be obtained from the highway improvements. Section 2. The agreement authorized to be executed by the City Manager upon adoption of this resolution is as depicted in Exhibit "A -1" and is summarized as follows: FDOT CITY'S INTEREST RECORDED AT PARCEL NO. BOOK PAGE 807.02 Sanitary Sewer Easement O.R. 2986 0639 Drainage & Utility Easement O.R. 6302 1750 Blanket Water Main and Gas D.B. 0095 0066 Main Easement Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 5th day of January , 1994. Attest: Cyn is E. Goudeau, City Clerk Rea95 -2 ewb Rita Garvey, Mayor -Com sinner T -r a This instrument prepared by, or PARCEL 807.02 EXHIBIT IPA' under the direction o WPI NO. : 7117045 KennelhG.1r IN S.R. NO.: 55 Assislanl General COI Irv' r COUNTY 15150 -25 Department of.Transpor ation SECTION 15150 -2566 11201 i4. Malcolm Mc$Cin ey Drive Tampa, Florida 33612 Legal Description Approved; Date: June 22, 1994' By; Brent J. Davie UTL.04 SU�OI2.Tp4TION.OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into tt}is day of 199_, by and between the STATE OF FLORIDA D>1?ARTMENT Q1 TRANSPORTATION,'hereinafter called the FDOT, and the CITY OF CLEARWATER , a {municipal corporation, hereinafter called City. VV,, W I T N E S S E T H: WHEREAS, the City presently hap an interest in certain lands that have been determined peceaeazx for higllN'aY purposes; and I VZHEREAS, the proposed use of these lands for. highway purposes will reg04 -e subordination of 4e, interest claimed in such lands by City td the FDOT; and t1HEREAS, ti}e )<�OT iP Wllling to pay to have the City' a facilities relocated if necessary to prevent cor;flic� between the facilities so that the benefits of each may be retained. NOW, THEREFO{tE, in conpideration of the mutual covenants and promises of the parties hereto, City and FPOT afire© ap follows: �• City hereby aupordlpatee to the interest of FDOT, its successors, or asq{ gne', any and all of its inters @t in thq lands as follows, viz: That part of: Lot 2-•ji, CAMPUS WALK, acgordl.pg to map or Plat inlcereoSectLondlB , ilownehipo29 SouthagRange Public Records of Fipella:{ County, 1lorida, Y 16 East, P1ne114e PountYt Florida. More particularly deNe.ribed 49 follows: Commence at a 5/0'' iron zod wi) h cap no. LU -33 marking the Northwest corner of t)te Northeast 1/4 of Section Is( ToWnslYLp 29 South, Rance 16 East, Pinellas County, Florida, of said thence South 89 °39'46" Ea", u1Lh7 00'20'14" t 4teutcJ 49 +�'19ofeti:�tbtd1titae t1o�•rh boundary of 1 4 of Paid section 1$) thongs S Lot 2 89 °38'A9(s uttl r 82n 15 feet alony ijje ljorthrbounda4ry Ofe said dt Lot 2- AI(1South right: oftlway t-of-way line of DrUW line oP Draw StV;dt)i 1<hence 5crutky 81''01'53" Eaut, 292.30 fet:t3 tl:enoe South 99 °39 46° PACE 1 VARCEL 807.02 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transpor tion East, 24.78 feet to the Westerly right -of -way line of a Service Road, as recorded in official Record Book 3579, Page 250, Public Records of Pinellas County, Florida; thence along said Westerly right -of -way line (East boundary of said Lot 2 -A), South 01 °02'10" West, 14.18 feet to the Northeast corner of Lot 1 of said plat; thence along the North line of said Lot 1 and the South line of said Lot 2 -A, North 89 039146" West, 7.66 feet; thence leaving said Lot line, North 83 031'54" West, 307.74 feet; thence North 89 038'59" West, 64.09 feet; thence North 00 120'14" East, 10.00 feet to the POINT OF BEGINNING. Containing 4,179 square feet, more or less'. RECORDED NATURE OF ENCUMBRANCE DATE FROM TO O.R. BOOK /PAGE EASEMENT 12/31/68 DANIEL BANDES, at al CITY OF CLEARWATER 2986/639 EASEMENT 06/30/86 ROBERT E. ALPAUGH, CITY OF CLEARWATER 6302/1750 1. at al BLANKET WATER 11/16/86 ROBERT E. ALPAUGH, CITY OF CLEARWATER DB 95/66 MAIN & GAS at al MAIN-EASE NT 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 FOOT's current minimum standards for such facilities as required by the FOOT, 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 FOOT 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 FOOT hereby agrees to pay the cost of such alteration, a juste easementsment, or including, but not limited to the cost of acquiring app p 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 FOOT's facilities. 4. againstCity anyrl .osstorrdamagearesulting from FOOT tthe Cityiexercisingoitsindemnify outlined PARCEL 807402 PACE 2 73 VIA This instrument prepared by, or Under the direction o£ Kenneth G. Wing Assistant General Cc, al Department of Transport ion in Paragraphs 1 and 3 above. 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 , DI-- RECTOR OF PRODUCTION for District VII , who is personally known to me or who has produced as identification. PARCEL 867.02 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PAGE 3 'ys` - PA This instrument prepared by, or Under the direction o Kenneth G. Wing. Assistant General Counsel Department of Transpo tation 4' � IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its nameNpy its Board of City Commissioners acting by the Chairperson or Vice- Chairperson of said ard, the day and year aforesaid. ATTEST PRINT STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument \wasac , 199 , by (or Vice - chairperson) of the CITY OF I personally known to me or who has produced CITY OF CLEARWATER , Florida, By Its City Council By: Its Chairperson (or Vice - Chairperson) PRINT NAME ADDRESS 1 t wledged before me this day of , Chairperson RWATER , Florida, City Council, who is � as identification. e PRIN\No., Nota in and for the Coun ate last aforesaid. My C Expires: Serif any: PARCEL 807.02 PAGE 4 LIWWJ /" \1 IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor- Commissioner and its City Manager, the day and year afgresaid. Countersigned: Rita Garvey, Mayor - Commissioner STATE OF FLORIDA ) COUNTY OF PINELLAS ) CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau, City Clerk BEFORE ME, the undersigned, personally appeared Rita Garvey, 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 seal this __ day of , 1995. 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 seal this , day of , 1995. Notary public Print /type name:___ Approved as to form and legal sufficiency: Miles A. 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