93-9V
RESOLUTION NO. 93 -9
A RESOLUTION OF Ti4E CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF A
SUBORDINATION OF UTILITY INTERESTS AGREEMENT WITH THE
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
REGARDING A PORTION OF A CERTAIN EASEMENT 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;
and
WHEREAS, it is necessary that a portion of a certain easement, 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 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 is for the subordination of a City -
owned easement which is 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 agreement, and the application is found and
declared to be for a valid public purpose. Therefore, the City Manager is
authorized to execute the subordination of utility interests agreement to the
DOT, a copy of which is 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 agreement authorized to be executed upon the adoption of
this resolution is summarized as follows:
DOT Recorded at
Exhibit Parcel No. City's Interest Book Paqe
A 118.05 Platted easement 085 001
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 18th day of February, 1993.
Attest:
Cyn is E. Gourfeau, City Clerk Rita Garvey, Mayor -Commi inner
93-9
W
This instrument prepVtation
or PARCEL : 118.05
under the direction SECTION : 15070 -2524
Kenneth G. Wing S.R. NO.: 580
Assistant General COUnSel COUNTY : PINELLAS
Department of Transp
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
Legal Description Approved:
Date: l- Z'1-93 By:_ i3t,►.���Jcd
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 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 lands 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 131, 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 °0415811 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 114,
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 580, a distance of 485.06 feet to the POINT OF
BEGINNING, said point of beginning being a point on the Easterly right of way line of
Frisco Drive and the Northwest corner of Lot 131 of said Northwood West; thence
continue North 89 040121" East along the Southerly right of way line of State Road 580
and the North line of said Lot 131, a distance of 98.64 feet to the Northeast corner
of said Lot 131; thence South 00 °19'39" East along the Easterly line of said Lot 131,
a distance of 5.59 feet; thence South 89 °29132" West, 74.58 feet; thence South
PARCEL 118.05 PAGE 1
EXHIBIT A
�3 -�
,Ak
This instrument prepared ,
or
Under meth .Wing on
Assistant General Counsel
Department of Transp rtation
j 44 °48.07" West, 34.25 feet to a point on the Westerly line of said Lot 131 and the
Easterly right of way line of Frisco Drive; thence North 00 °04'08" East along the
Westerly line of said Lot 131 and said Easterly right of way line 29.99 feet to the
POINT OF BEGINNING.
Less existing rights of way.
Containing 857 square feet, more or less..
its successors, or assigns, for the purpose of
to the interest of the Department.,
through, upon and /or
construction, improving, maintaining and operating a road over, 9
across the lands, including but not limited to the claim of interest based on the
following:
RECORDED
ORDED
PLAT
NATURE OF DATE
FROM TO BOOK /PAGE
ENCUMBRANCE A CITY OF CLEARWATER 85/1 NORTHWOOD WEST,
PLATTED 04/16/82 FLORIDA GENERAL
EASEMENT 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
the State of Florida,
lands described herein in accordance with the Department's current minimum
standards for such facilities as required by dated May,
Department of Transportation, Utility Accommodation Guide,
1990. Any new construction or rel °alt by the aDepartment. Should lands
will be subject to prior app
Department fail to approve any new construction adjusrelocation
, orarelocate
facilities by the City or require the City to alter, to
its facilities located wi thin said lands, the Department hereby agrees
pay the post of such alteration, adjustment, or relocation, including, but
not limited to the cost of acquiring appropriate easements.
reasonable 2, The City (shall have res ouslin d in1ParagraphtI above, including the right
herein for the P•trp brush, and growth which might endanger or interfere
to trim such trees, provided that such rights do not interfere with the
with such facilities, p
operation and safety of the Department's facilities.
PAGE 2 '7,5-'7
PARCEL 118.05
Oft
This instrument prepared by, or
j� Under the direction of
Kenneth G. Wing Y
Assistant Genera( Counsel e
Department o ransR rtation
3. The City agrees to repair any damage to Department facilities and to indemnify
the Department against any loss or damage resulting from the city exercising its
rights outlined in Paragraphs 1 and e
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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VII
ADDRESS 11201 N. MALCOM McRINLEY Dr.
TAMPA FL 33612
''0R apt
C'
OLEt3AL DEFT.
APPROVED
s�
Dato
O t!
Y
COUNTY OF ^tl��. V io "j
Assistant General Counsel
The foregoing instrument was acknowledged before me this � DIRECTOR of
, 199_, by
PRODUCTION for District VII , who is personally known to me or who has
produced _ as identification, and who did (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:
PARCEL 11,8,05
PAGE 3
'73-9