93-30RESOLUTION NO. 93 -30
A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF
ONE SUBORDINATION OF UTILITY INTERESTS AGREE-
MENT 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, Florida; 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 TI-TE CITY COINMISSION 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 in the form attached hereto as
Exhibit A. connveying 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 by the
City Manager upon the adoption of this resolution is summarized as
follows:
DOT RECORDED AT
EXHIBIT PARCEL NO. CITY'S INTEREST BOOK PAGE
A 131.04 Platted easement 083 003
Section 3. This resolution shall take effect immediately
upon adoption.
PASSED AND ADOPTED this 3rd
Attest:
Cy is E. 'Goudeau, City Clerk
day of June , 1993.
. & LM6,01
ita Garvey, Mayor- mmissioner
X13 ° '56
This instrument prepar d by, or
under the direction of
Kenneth G. Wing
DApllai&A tnarel ortation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL : 131.04
SECTION : 15070 -2524
S.R. NO.: 580
COUNTY : PINELLAS
Legal Description Approved:
Date: October 21, 1992 By: Brent J. Davis
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 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 part of Lot 13, Mayfair, in Section 29, Township 28 South, Range 16 East as
recorded in Plat Book 83, Pages 3 -4 of the Public Records of Pinellas County, Florida.
Being described as follows:
Commence at a 3" X 3" concrete monument, P.L.S. #827, marking the point of tangency of
the Westerly boundary of Lot 22, Mayfair, as recorded in Plat Book 83, Pages 3 -4 of the
Public Records of Pinellas County, Florida, said point also being a point on the
Easterly right of way line of Landmark Drive; thence South 00 °20149" East along said
Easterly right of way line and the Westerly line of said Lot 22, a distance of 130.64
feet to the Southwest corner of said Lot 22 and a point on the existing Northerly right
of way line,of State Road 5801 thence North 89 °39'57" East along the Southerly line of
said plat of Mayfair and the Northerly right of way line of State Road 580, a distance
of 749.53 feet to the POINT OF BEGINNING; said point of beginning also being the
Southwest corner of Lot 13; thence North 00 °19'59" West along the Westerly line of said
Lot 13, a distance of 3.53 feet; to a point on a non - tangent curve concave Northerly
having a radius of 702.95 feet, a central angle of 09 °39149" and a chord bearing of
North 82 °02124" East, a distance of 118.42 feet; thence Northeasterly along the arc of
said curve, a distance of 118.56 feet to a point on the Easterly line of said Lot 131
thence South 22 °07'52" Fast along the Easterly line of said Lot 13, a distance of 17.62
feet to the Southeast corner of said Lot 13, a point on the Northerly right of way line
PARCEL 131.03 PAGE 1
/74, J _�6
This instrument prepared by, or
UndaywtW 4Mrn5ion of
Assistant General Counsel
Department of Transportation
of State Road 580 and a point on a non - tangent curve concave Northerly having a radius
of 412.47 feet, a central angle of 06 °46124" and a chord bearing of South 86 °16143"
West, a distance of 48.73 feet; thence Southwesterly along the are of said curve, the
Northerly right of way line of State Road 580 and the Southerly line of said Lot 13,
a distance of 48.76 feet; thence South 89 °39157 West along the Southerly line of said
Lot 13, and the Northerly right of way line of State Road 580, a distance of 75.27 feet
to the POINT OF BEGINNING.
Less existing rights of way.
Containing 1165 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 cost 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 131.03
PAGE 2
`J3�51)
NATURE OF
DATE
FROM
TO
PLAT
ENCUMBRANCE
BOOK PAGE
UTILITY
11/04/80
MAYFAIR
CITY OF CLEARWATER
83/3
EASEMENT
ASSOCIATES, LTD.
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 cost 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 131.03
PAGE 2
`J3�51)
P.. ' %y Adk
This instrument prepared by, or
Under the direction of
Kenneth G. Wing
Assistant General Counsol
Department of Transportation
3. The City agrees to repair any damage to Department facilities and to
indemnify the Department against any lose or damage 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 DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VII
ADDRESS
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day oDIRECTOR of
199_, by
RRg2j CTION for District VI , who is personally known to me or who has produced
as identification, and who did (did not) take an oath.
PARCEL 131.03
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any: —
PAGE 3
q'3- 30
Ni
•cm
' T s instrument prepared by, or
r Un r the direction of
nnelh G, Wing
Assista GeneratCqunsel
Depart m nt o ransportation
IN WITN S WHEREOF, the said grantor has caused these presents to be executed in
its name by i Board of City Commissioners acting by the Chairperson or Vice -
Chairperson of s id Board, the day and year aforesaid.
ATTEST: , Florida,
By Its City Council
PRINT NAME
Clerk (or Deputy leek)
By:
Its Chairperson
(or Vice - Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledge\b.r
-, 199_, by
Chairperson) of the
personally known to me or who has produced
identification, and who did (did not) take an oath.
PARCEL 131.03
me this day of
Chairperson (or Vice -
?lorida, City Council, who is
- - -- - - -- —_ as
PRINT NAME \ - --
Notary public in and for the IN
County and State last aforesaid.
My commission Expires: _
Serial No., if any:
PAGL' 4
Countersigned:
Rita Garvey
Mayor - Commissioner
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Wright
City Manager
Attest:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA }
COUNTY OF PINELLAS }
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 , 1993.
Print /Type Name: _
*rotary Public
STATE OF FLORIDA }
COUNTY OF PINELLAS }
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