93-13M
RESOLUTION NO. 93 -13
11
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF
TWENTY -FIVE SUBORDINATION OF UTILITY INTERESTS
AGREEMENTS WITH THE STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION, REGARDING 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 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
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 is for subordination of 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 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
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 upon the
adoption
of this resolution are summarized
as follows:
DOT
Recorded At
Parcel No.
city's
Interest
Book
Page
103.04
Platted
Easement
72
20
105.03
Platted
Easement
72
20
107.03
Platted
Easement
72
20
109.08
Platted
Easement
72
20
110.03
Platted
Easement
72
20
111.06
Platted
Easement
72
20
114.02
Platted
Easement
85
1 -5
115.02
Platted
Easement
85
1 -5
116.05
Platted
Easement
85
1 -5
134.04
Platted
Drainage
&
Utility
Easement
75
65 -66
801 -04
Platted
Drainage
&
Utility
Easement
75
65 -66
802.02
Platted
Drainage
&
Utility
Easement
75
65 -66
803.04
Platted
Drainage
&
Utility
Easement
75
65 -66
804.02
Platted
Drainage
&
Utility
Easement
75
65 -66
805.03
Platted
Drainage
&
Utility
Easement
75
65 -66
806.05
Platted
Drainage
&
Utility
Easement
75
65 -66
807.03
Platted
Drainage
&
Utility
Easement
75
65 -66
808.04
Platted
Drainage
&
Utility
Easement
75
65 -66
809.03
Platted
Drainage
&
Utility
Easement
75
65 -66
810.03
Platted
Drainage
&
Utility
Easement
75
65 -66
811.03
Platted
Drainage
&
Utility
Easement
75
65 -66
812.02
Platted
Drainage
&
Utility
Easement
75
65 -66
813.03
Platted
Drainage
&
Utility
Easement
75
65 -66
814.04
Platted
Drainage
&
Utility
Easement
75
65-66
815.02
Platted
Drainage
&
Utility
Easement
75
65 -66
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _ Ist day of April , 1993.
Attest:
Cynt is E. Goudsau, City clerk Rita Garvey, Mayor-COO issioner
t °1.3
This instrument prepared b , or
under the direction o
Kenneth G. Wing
Assistant General Counsel
Department of Tranapprta tIon
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
Enjimu A
PARCEL i 103.04
SECTION i 15070 -2524
S.R. NO.: 580
COUNTY : PINELLAS
Legal Description Approved:
Date: February 24, 1993 By: Dianne M. Collins
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 CLEARWATER , hereinafter called City.
W I T N E S S E T Hi
WHEREAS, the City presently has an intereot 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, viii
That portion of Lot 8, Wildwood of Countryside in Section 29, Township 28
South, Range 16 East as recorded in Plat Book 72, Page 20 of the Public
Records of Pinellas County, Florida.
Being described as follows:
Commence at a 4 "x4" concrete monument- marking the Northwest corner of the
plat of Wildwood of Countryside, as recorded in Plat Book 72, Page 20 of
the Public Records of Pinellas County, Florida; thence South 11 °02'00"
West along the Westerly boundary of said Wildwood of Countryside, a
distance of 583.30 feet to the Southwest corner of said Wildwood of
Countryside, said point also being the Southwest corner of a Florida
Department of Transportation right of way as described in official Records
Book 55480 Page 758 of the Public Records of Pinellas County, Florida;
thence North 89 039'56" East along the South line of said Wildwood of
Countryside and the South line of said Florida Department of
Transportation right of way, a distance of 56.99 feet to a point on the
existing Northerly right of way line of State Road 580; thence continue
North 89 039156" East along the South line of said Wildwood of Countryside
and the Northerly right of way line of State Road 580, a distance of
264.17 feet to the POINT OF BEGINNING, said point of beginning also being
the Southwest corner of Lot 8, of said Wildwood of Countryside; thence run
North 35 013'57" West along the Westerly line of said Lot 8, a distance of
PARCEL 103.04
PAGE 1
53 °/3
This instrument prepared by, or
Under the direction of
Kenneth G. Wing
Assistant General Counsel
Department of Transportat 'on
17.81 feet] thence North 89 °29132" East, a distance of 67.40 feet to a
point on the Easterly line of said Lot 8 thence South 03 °01'46" West
along said Easterly line, a distance of 14.84 feet to the Southeast of
said Lot 8 and a point on the Northerly right of way line of State Road
sao; thence South said 9
Northerly right of way line, n
a distance of 56.34 feet to the POINT and
BEGINNING.
Less existing rights of way.
Containing 911 square feet, more or less.
to the interest of the Department, its successors, or assigns, for the upon and/or
construction, improving, maintaining and operating a road over, through,
across the lands, including but not limited to the claim of interest based on the
following:
RECORDED
FROM TO P.B.
NATURE OF DATE BOOK PAGE
ENCUMBRANCE
PLATTED 05/07/74 U.S.HOMES OF
CITY OF CLEARWATER 72/20
EASEMENT FLORIDA
PROVIDED that the following rights are reserved to the City:
1, The City shall r e have emove, andhrelocatesfacilities operate, within, and upon the
add to, upgrade,
cr
lands described herein in accordance with the Department's current minimum
as required by the State of Florida,
standards for such facilities
Department of Transportation, Utility Accommodation Guide, dated May, wn the
1990. Any new construction or relocation facilitie
Departmentithishould athe
will be subject to prior approval by e
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
late locati n,Including, but
not limited to the cost of acquiring appropriate
2. hereintfor the purposes outlined ini Paragraph tI above, including the right
to trim such trees, brush, and growth which might endanger or interfere
with such operation andisafety provided f the Department's facilities�t interfere with the
3. indemnify agrees e Departmentiagainst any aloes or damage resulting from the
PAGE 2
PARCEL 103.04
l7.3 -12
r..,
This instrument prepared by, or
Under the direction of
Kenneth G. Wing
Assistant General Counsel
Department of Traneportatio
City exercising its rights outlined in Paragraphs l 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
Sy:
Director of Production for District VII
ADDRESS 11201 N. MALCOM MCKINLEY Dr.
TAMPA FL 33612
The foregoing instrument was acknowledged before me this DIRECTOR
, 199 , by
OF PRODUCTION for District VII , who is personally known to me or who has produced
as identification, and who did (did not) take an oath.
PARCEL 103.04
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PAGE 3
f3- 3
This instrument prepared by, or
Under the direction of
Kenneth G. WinN
Assistant General C£ou£j$1
Department of Transpor a
I WITNESS WHEREOF, the said grantor has caused these presents
chair ere n executed In
its name by ita Board of City Commissioners acting by P
Chairperso of said Board, the day and year aforesaid.
Florida,
ATTEST: By Its City Council
PRINT NAME
Clerk (or Deputy Jerk)
By:
Its cl�a).r�?Brt3Qn
(or Vice- Chairperaon)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF _
The foregoing instrument was acknowledged b c
_, 199 , by
Vice - chairperson) of the F.
personally known to me or who has produced
identification, and who did (did not) take an oath.
me this day of
Chairperson (or
a, City Council, who is
as
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My commission Expires:
Serial No., if any:
(SEE IMAGE 5 FOR CITY OF CLEJaZWATGR OFFICIAL SIGNATURES)
PARCEL 103.04
PACE 4
r
13 ° %3
its
Countersigned:
Rita Garvey
Mayor- Commissioner
STATE OF FLORIDA )
COUNTY OF PINELLAS }
N
CITY OF CLEARWATER, FLORIDA
By:
Michael J. W g h t
City Manager
Attest:
Cynthia E. Goudeau, City Clerk
BEFORE ME personally appeared Rita Garvey, the Mayor - Commissioner of the
above named city, who acknowledged that she executed the foregoing
instrument. She is personally known to me and did not take an oath.
WITNESS my hand and official seal this day of
Print /Type Names
Notary Public
STATE OF FLORIDA
COUNTY OF PINELLAS )
,1993.
BEFORE ME personally appeared Michael J. Wright, the City Manager of the
above named City, who acknowledged that he executed the foregoing
instrument. He is personally known to me and did not take an oath.
WITNESS my hand and official seal this _ day of
1993.
Print /Type Name:
Notary Public
Approved as to form and correctness:
M. A. Galbraith, Jr-
city Attorney
PAGE 5
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