85-54
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RES 0 L UTI 0 N
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No. 85 - 54
A RESOLUTION AUTHORIZING EXECUTION OF A
SUBORDINATION OF UTILITY INTERESTS FOR THE
ACQUISITION OF LAND OR EASEMENTS LOCATED
WITHIN THE PROPOSED RIGHT-OF~WAY LIMITS
HEREINAFTER DESCRIBED, AND PROVIDING FOR
THE EFFECTIVE DATE OF THIS RESOLUTION.
WHEREAS, the State of Florida Department of Transportation
has located and proposed to construct or reconstruct a part of
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State Road 55; and
WHEREAS, in order for the State of Florida Department of Trans-
portation to further and complete this project, it is necessary
that certain land and/or easements within the proposed Right-of-Way
limits of said State Road 55, be acquired by the State of Florida
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Department of Transportation; and
WHEREAS, the State of Florida Department of Transportation
having request~d; the City of Clearwater, Florida, to execute and
deliver to the State of Florida Department of Transportation a
Subordination, sUbordinating their rights to any easements and/or
lands covered in the sUbordination, and said request having been
duly con. :dered;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
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1. That the City Manager, Mayor-Commissioner, City Clerk and
Acting City Attorney be and they are hereby authorized 'and directed
to make, execute and deliver to the State of Florida Department of
Transportation a subordination for the acquisition of land and/or
easements located within the proposed Right-of-Way limits of said
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State Road 55, Section 15150-2550, Parcel No. 100.8.
2. That a certified copy of this Resolution be forwarded to
the State of Florida Department of Transportation at Tallahassee, FL.
3. That this Resolution shall become effective immediately
upon its adoption.
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'PAaSED'~ND~ADOPTED this
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RES. :f1 85-54
7/1~/85
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feetl thence run Northerly olong aaid curve 281.44 feet thru an angle of
5049'56" to the end of said CUl.ve and the point of beginning.
Lesa exioting rights of way.
Containing 17,457 squnre feet, more or less.
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to the interest of. the Department, its auccessora, or assigns, for the
purpose of constructing, imprOVing, maintaining and operating a road over,
through, upon, and/or across such lands, ,including but not limited to the
claim of interest based on the follOWing:
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Nature of Date From or Agaitlot In Favor of Recorded
Encumbrance Book Puge
Easement 7-24-74 U. S. Home of City of OR 4199
Florida, Inc. Cleal'"Water, Pg. 1637
noridn
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PROVIDED that the following rights are reserved to City:
1. City shall have the right to construct, operate, maintain, improve,
add to, upgrade, remove and relocate any utility and drainage lines on,
within, and upon the lands described in Exhibit "A", in accordance with the, .
Department's current minimum standards for such facilities as required by
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the State of Florida, Department of Transportation, Utility Accornodation
Guide, dated July, 1979. Any new construction or relocation of facilities
within the lands will be subject to prior approval by the Department.
Should the Department fail to approve any new construction or relocation of
clcctrie facilities by the City or require the City to alter, adjust, or
relocate its facilities located within said lands, the Department hereby
agrees to pay the cost of such alteration, adjustment, or relocation,
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inclUding, but not limited to the cost of acquiring appropriate easements.
2. The City shall have a reasonable right to enter upon the lands
described in Exhibit -A" for the purposes outlined in paragraph 1 above,
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including the right to trim such trees, brush, and growth which might
endanger or interfere with such facilitico, provided that such rights do
not interfere with the operation and safety of the Department's facilities.
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The city agrees to repair any damage to Depnrtment facilities and
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to indemnify the Department against any loss or damage reSUlting from the
City exercising ita rights outlined in paragraphs 1 and 2 above.
PARCEL 100.8
Page 2
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IN WITNESS \'ffiEREOF, tho partieD hereto hove executed thin l1greement on
, the day and year first above written.
Signed, sealed and delivered
in our presence as witne~CQB:
STA'l'I:: UF FLOHIDA DEPARTMEN'J.'
OF TRl\NSroRTATItl4
By
Director of Preconstruction
and Design
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STATE OF FLORIDA
City OF
The foregoing instrument was acknO\'/ledged before me this
day of , 19 , by William F. Ventry, Director of
Preconstruction and Design. -----
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Notary Public
State of Florida
Hy CoIllllission Expirez:
CI'l'Y OF CLEARWATER, FLORIDA
By
CounterSigned
City Manager
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ATl'EST:
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Mayor-COtm\iaaioner
Approved os to torm
and correctness:
City Clerk
City Attorney
STATE OF FLORIDA
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County OF PINELLAS
BEFORE ME personally appeared and
, to me well known, and known to be
the individuals described in and who executed the foregoing instrument ao
President and Secretary
of the above-named City and that the seal affixed to the foregoing
instrument is the corporate seal of said corporation and the oaid
instrument is the free act and deed of said City.
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WITNESS my hand and official seal this
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day of
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Notary Public
state of Florida
My Commission Expires:
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PARCEL 100.8,
Page 3
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