93-3F7
RESOLUTION N0. 93 -3
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF ELEVEN
SUBORDINATION OF UTILITY INTERESTS AGREEMENTS WITH THE
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
REGARDING PORTIONS OF CERTAIN EASEMENTS OWNED BY THE
CITY, ADJACENT TO STATE ROAD 580 BETWEEN COUNTRYSIDE
BOULEVARD AND McMULLEN BOOTH ROAD; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation (herein the
"DOT "), proposes to construct or improve State Road No. 580 in Pinellas County,
Florida; and
WHEREAS, it is necessary that portions of eleven certain 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 the 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 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 is for the subordination of eleven
City -owned easements which are hereby declared surplus within the meaning of the
City Charter, subject to the reservation of rights by the City as set forth in
the subordination of utility interests agreements, and the applications are found
and declared to be for a valid public purpose. Therefore, the appropriate City
officials are 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 interest 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 agreements authorized to be executed by the City Manager
upon the adoption of this resolution are summarized as follows:
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 21st day of January, 1993.
Attest:
is -. Zd-e R'ta Garvey, Mayor -Com sinner
Cyn
Recorded
at
DOT
Parcel No.
City's Interest
Plat Book
Paae
120.05
Platted
easement
085
083
01
03
132.03
Utility
easement
075
65 -66
135.02
136.04
Utility
Utility
easement
and drainage
easement
075
65 -66
137.02
Utility
and drainage
easement
075
075
65 -66
65 -66
138.08
Utility
Utility
and drainage
and drainage
easement
easement
075
65 -66
139.06
140.03
Utility
and drainage
easement
075
075
65 -66
65 -66
141.04
142.034
Utility
Utility
and drainage
and drainage
easement
easement
075
65 -66
143.05
Utility
and drainage
easement
075
65 -66
Parcel No.
City's
Interest
O.R.Book
Pace
132.03
Utility
easement
4255
07
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 21st day of January, 1993.
Attest:
is -. Zd-e R'ta Garvey, Mayor -Com sinner
Cyn
This instrument prepared by, or
under the direction pf
Kenneth G. Wing
G rineral Counsel
Department of Trans tation
11201 N. Malcolm McK nley Drive
Tampa, Florida 33612
PARCEL : 120.05
SECTION : 15070 -2524
S.R. NO.: 580
COUNTY PINELLAS
Legal Description Approved:
Date: December 1, 1992 By: Brent J. Davis �IitJ
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
El
THIS AGREEMENT, entered into thin _ day of , 199_, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department,
and the CITY OF CLEARWATER , 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 ].ands by City to the Department; and
WHEREAS, the Department 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 Department agree as follows:
City subordinates any and all of its interest in the lands as follows, viz:
That portion of Lot 133, Northwood West in Section 29, Township 28 South, Range 16 East
as recorded in Plat Book 85, Pages 1 -5 of the Public Records of Pinellas County,
Florida.
Being described as follows:
Commence at a 4" x 4" concrete monument with bronze disc marking the Southeast corner,
of the Southwest 1/4 of Section 29, Township 28 South, Range 16 East, Pinellas County,
Florida; thence North 00 °04158" East along the East line of the Southwest 1/4 of said
Section 29, a distance of 2,639,.95 feet to a point on the existing Southerly right of
way line of State Road 580, said point also being the Northwest corner of Lot 119,
Northwood West as recorded in plat Book 85, Pages 1 -5, Pinellas County, Florida; thence
North 89 040121" East along the North line of said Northwood West and the Southerly
right of way line of State Road 5U0, a distance of 732.87 feet to the POINT OF
BEGINNING, said point of beginning also being Northwest corner of Lot 133 of said
Northwood West; thence continue North 89 °40121" East along the North line of said Lot
PARCEL 120.05 PAGE 1
LXIIIBIT A
This instrument prepared by, or
Under the direction of
Kenneth G. Wing
Assistant General CounSal
Department of Transportation
W
133 and the Southerly right of way line of State Road 580, a distance of 67.21 feet to
the Northeast corner of said Lot 133; thence South 00 004136" West along the Easterly
line of said Lot 133, a distance of 4.91 feet; thence South 89°29'32" West, a distance
of 70.47 feet to a point on the Westerly line of said Lot 133; thence North 32 °22159"
East along the Westerly line of said Lot 133, a distance of 6.10 feet to the POINT OF
BEGINNING.
Less existing rights of way.
Containing 346 square feet, more or less.
to the interest of the Department, its successors, or assigns, for the purpose of
construction, improving, maintaining and operating a road over, through, upon and /or
across the lands, including but not limited to the claim of interest based on the
following:
RECORDED
PROVIDED that the following rights are reserved to the City:
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 Department's current minimum
standards for such facilities as required by the State of Florida,
Department of Transportation, Utility Accommodation Guide, dated May,
1990. 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
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, including, but
not limited to the coot of acquiring appropriate easements.
2. 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 Department's facilities.
PARCEL 120.05
PAGE 2
NATURE OF
DATE
FROM
TO
PLAT
ENCUMBRANCE
BOOK /PAGE
PLATTED
04/16/82
NORTHWOOD WEST, a
CITY OF CLEARWATER
85/1
EASEMENT
Florida General
Partnership
PROVIDED that the following rights are reserved to the City:
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 Department's current minimum
standards for such facilities as required by the State of Florida,
Department of Transportation, Utility Accommodation Guide, dated May,
1990. 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
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, including, but
not limited to the coot of acquiring appropriate easements.
2. 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 Department's facilities.
PARCEL 120.05
PAGE 2
This instrument prepared by, or
Und Bnn�t� c 'r 'n6 ion of
A-sistant General Counsel
Department of Transportation
3• The city agrees to repair any damage to Department facilities and to indemnify
the Department against any loss or da.mage resulting from the City exercising its
rights outlined in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the Department 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VII
ADDRESS 11201 N. MALCOM MCKINLEY D_ r__
0
TAMPA FL 33612
The foregoing .instrument was acknowledged before me this
" 199 —� by day of
DIRECTOR OF PRODUCTION for District
M-11, who is personally kno.n to me or who has produced
as identification, and who did (did not) take an oath.
PRINT-FAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 120.05
PAGE 3
This instrument prepared by, or
Under the direction of
Kenneth G. Wing
Assistant General Younsel
Department o ransportation
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name by its Board of City Commissioners acting by the Chairperson or Vice - Chairperson
of said Board, the day and year aforesaid.
ATTEST
PRINT NAME
Clerk (or Deputy Clerk)
, Florida,
By Its City Council
By:
Its Chair person
(or Vice - Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
199_, by _, Chairperson (or Vice - Chairperson) of the
Florida, City Council, who is personally known to me or
as identification, and who did
who has produced
j (did not) take an oath.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PAGE A
PARCEL 120.05