93-54El
RESOLUTION 93 -54
U
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING A CITY+-OW14ED RIGHT OF WAY EASEMENT
ALONG THE WEST SIDE OF U. S. HIGHWAY 19 AT THE
SOUTHWEST CORNER OF THE :INTERSECTION WITH S. R.
590 (N. E. COACHMAN ROAD) SURPLUS TO CITY NEEDS
FOR THE PURPOSE OF SUBO1.?DINATING UTILITY INTERESTS
TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
FOR THE S. R. 590 HIGHWAY PROJECT; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SUBORDINATION OF UTILITY
INTERESTS AGREEMENT WITH THE DEPARTMENT OF
TRANSPORTATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation
(herein the "DOT ") , proposes to construct or improve State Road 590
in Pinellas County, Florida; and
WHEREAS, it is necessary that a portion of a certain right of
way 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 appraised value; and
WHEREAS, the DOT has applied to the Cite 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,
i
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
_Section 1. The application of the DOT for the subordination
of a City -owned right of way easement, subject to the reservation
of rights by the City as set forth in the subordination of utility
interests agreement, is round and declared to be for a valid public
purpose, and the right of way easement is hereby declared surplus
within the meaning of the City Charter. The City Manager is
authorized to execute the subordination of utility interests
agreement 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.
y3 -s�
A
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Section, 2. The agreement authorized to be executed by the
City Manager upon adoption of this resolution is summarized as
follows:
RECORDED AT
DOT
EXHIBIT PARCH— CITY
'S INTEREST BOOK PAGE
800.02 Right of Way 3977 0917
A Easement
Section 3. This resolution shall take effect immediately
upon adoption.
day of October , 1993.
PASSED AND ADOPTED this 7th Y
Attest:
Cy E. Goudeau,
City Clerk
hia
Rita Garvey, May ommissioner
Q
EXHIBIT "A"
This instrument prepared by or
under the direction f'
Kenneth G. Wing /
ASSIslant General Counsel
Department of Transp rtation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
Legal Description Approved:
UTL.04 06/93
PARCEL : 800.02
WPI NO. : 7117031
S.R. NO.: 590
COUNTY s PINELLAS
SECTION : 15050 -2526
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 FDOT, and the CITY
OF CLEARWATER , a municipal corporation, hereinafter called City.
W I T N E S S E T Zit
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purboses; 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 FDOT; and
WHEVaAS, the FDOT 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 promisee of the parties
hereto, City and FDOT agree as follows:
City hereby oubordinates to the lntorant of FDOT, Ito successors, or assigns, any
and all of its interost in the lands as follows, viz:
The East 40.0 feet of the following described parcel:
"From the HE corner of Section 7- 29 -16, Run S 0 154'44" Went, along the centerlino of U.S.
19, 89.58 feoLl thence N 89 °05116" Wont, 100.0 foot to a point on the Want right -of -way
line of U.S. 19, said point being tho Point of Beginning; thence S 0 °54144" Went, along
said Wont Light -of -way line of U.S. 19, 641.0 foot; thence N 89 °05'16" Went, 235.85 foot]
thonco N 0°53'39" East, 490.65 foot Lo a point on the South righL• -of -way lino of SR 590;
thence H 58 °24'45" East., along said South righL• -of -way lino of SR 590, 279.x3 feet to the
Point of Beginning."
PARCEL 800.02 PAGE 1
Thin instrument prepared by or
rlC
Unde the th d r tion o
anna . �fnq
Assistant Gnnnral ° • .•,.-,�
Department of Tranapo tation
Containing 0.577 acres more or lees.
RECORDED
NATURE OF
DATE
FROM
TO
O.R.
ENCUMBRANCE
BOOK PAGE
EASEMENT
11/17/72
IMPERIAL MOTEL
CITY OF CLEARWATER
3977/917
CORP.
PROVIDED that the City has the following rights:
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 FDOT's current minimum standards for such facilities
as required by the FDOT, Utility Accommodation Manual in effect at the time the
agreement is executed. Any new construction or relocation of facilities within the
lands will be subject to prior approval by the FDOT. Should the FDOT 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
FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
Including, but not limited to the cost of acquiring appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of the utility permits
shall supersede any contrary provisions, with the exception of the provision herein
with reimbursement rights.
3. 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 FDOT's
facilities.
4. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT
against any loss or damage resulting from the City exercising its rights outlined
In Paragraphs 1 and 3 above.
PARCEL 800.02 PAGE 2
7'
This instrument prepared by, or
Under the direction of
Kenneth G. Wing
Assistant General Co,inz: •
Department of Transp rtation
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
the presence of:
By;
WITNESS Director of Production for District VII
PRINT NAME ADDRESS 11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument: was acknowledged before me this day of
y
RECTO
OF PRODUCT}ON for Distr 199 ict VTT 1, who is personally known to me or who hr as prDIoduced R
as identification.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Conunission Expiresc
Serial No., if anys
PARCEL 800.02 PAGE 3
This instrument prepared by, or
Under the direction
Kenneth G. Wing
Assistant General COUn901
Department of Transp Cation
IN TNESS WHEREOF, the said grantor has caused these presents to be executed in its
name by its bard of City Commissioners acting by the Chairperson or Vice - Chairperson of
said Board, t day and year aforesaid.
a
ATTEST:
PRINT N
Clerk (or Deputy
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER , Florida,
By Its City Council
By.
Its Chairperson (or Vice - Chairperson)
PRINT NAME
ADDRESS
The foregoing instrument was acknowledged before
199 , by
(or Vice - Chairperson) of the _ CTTY OF CLEARWATER , Flor.
personally known to me or who has produced
PARCEL 800.02
this day of
, Chairperson
City Council, who is
as identification.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if anyt
PAGE 4
,3's�
IN WITNESS WHEREOF, the said grantor has caused these
presents to be executed in its name by its City Manager the day and
year aforesaid.
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, the undersigned, personally appeared Rita Garvey,
the Mayor- Commissioner of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this day of
, 1993.
Notary Public
Print /type name:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Michael J.
Wright, City Manager of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this day of
1-993.
Notary Public
Print /type name:
Approved as to form and correctness:
M. A. Galbrh, Jr., City Attorney
aet
PARCEL 800.02
PAGE 5
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