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94-9ems+ RESOLUTION 94 -9 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DECLARING A CITY -OWNED UTILITY EASEMENT ALONG THE NORTH SIDE OF STATE ROAD 586 (CURLEW ROAD) WEST OF STATE ROAD 584 SURPLUS FOR THE PURPOSE OF SUBORDINATING UTILITY INTERESTS TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE S.R. 584 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 584 in Pinellas County, Florida; and WHEREAS, it is necessary that a portion of a certain utility easement, described more particularly herein, now owned by the City, be subordinated to the DOT; and WHEREAS, Section 2.01(4)(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 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 for the subordination of the City -owned utility easement, subject to the reservations of rights by the City as set forth in the subordination of utility interests agreement, is found and declared to be for a valid public purpose, and the utility 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 interests 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 adoption of this resolution is summarized as follows: DOT PARCEL NO. CITY'S INTEREST 170.05 Utility Easement RECORDED AT BOOK PAGE O.R. 6349 1171 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 18th day of January , 1994 Attest: Cyn hia E. Goudeau Cit Clerk E i4o� Rita Garvey Mayor - Commissioner This instrument prepaVyDrive or under the direction o Kenneth G. Wing Department Si�C'a ranspo 11201 N. Malcolm McKi Tampa, Florida 33612 PARCEL : 170.05 WPI NO. : 7116900 S.R. NO.: 584 COUNTY : PINELLAS SECTION : 15080 -2510 Legal Description Approved : %�iyG lL Date*.-- By: �L 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 FDOT, and the CITY OF CLEARWATER , a municipal corporation, 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 FDOT; and WHEREAS, 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 promises of the parties hereto, City and FDOT agree as follows: City hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: A parcel of land located in the Northeast 1/4 of Section 16, Township 28 South, Range 16 East, Pinellas County, 'Florida being more particularly described as follows: As a point of reference commence at the Southeast corner of the Southeast 1/4 of said Section 16; thence North 00 016.37" West, 2701.78 feet to the Southeast corner of the Northeast 1/4 of said Section 16; thence North 00 017'57" West, 50.01 feet along the East boundary of the Northeast 1/4 of said Section 16 to d point on the North right -of -way line of State Road 586 (Curlew Road); thence North 89 °28'51" West, 778.92 feet along the North right -of -way line of State Road 586 (Curlew Road) to the POINT OF BEGINNING; thence North 89 °28'51" Wast, 120.00 feet along the North right -of -Way line of State Road 586 (Curlew Road); thence North 00 051109" East, 21.99 feet; thence South 89 028'51" East, 120.00 feet; thence South 00 031'09" West, 21.59 feet to the POINT OF BEGINNING. PARCEL 170.05 EXHIBIT A PAGE 1 This instrument prepared,by, or Under the direction f Kenneth G. Wing Assistant General Counsel Department of Tranopo ation Containing 2,638 square feet, more or less. RECORDED NATURE OF DATE FROM TO O.R. ENCUMBRANCE BOOK PAGE EASEMENT 09/17/86 PIZZA HUT OF CITY OF CLEARWATER 5399/1171 AMERICA, INC. ROVIDED 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. 9. 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 170.05 PEKE 2 This instrument prepared by, r Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transport on IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of WITNESS PRINT NAB WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF HILL^a$OROUGH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District VII ADDRESS 11201 N. MALCOLM McKINVEY Dr. TAMPA FL 33612 The foregoing instrument was acknowledged before mss this day of , 199_, by , DIRECTOR gZ PRODUCTION for District VII , who is personally known to me or who has produced as identification. PARCtL 170.65 PRINT NAME Notary Public in and for the county and state last aforesaid. My Commission Expires: Serial No., if any: PAGE 3 IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its acting City Manager the day and year aforesaid. Attest: Cynthia E. Goudeau City Clerk STATE OF FLORIDA } COUNTY OF PINELLAS } CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula Acting City Manager BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, acting City Manager 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. 1994. WITNESS my hand and seal this day of Notary Public Print /type name: PARCEL 170.05 page 4 0 0 �o N W 'f M 4 0 S 89'26'00" E (L) 120.00' (L) -6.0, -F3.0' 6.0' PARCEL I (OR 6311, PG 852) 1" NATURAL GAS SERVICE LINE AREA TO BE COVERED BY SUBORDINATION EASEMENT 6.0' 89'25'08" W RIGHT OF WAY .s -7- 120.00' CURLSW ROAD (SR 585) .� �. EXISTING NATURAL GAS MAIN � gria of WAY ... _. 0 v 0 w N J v 3 u> d- 0 0 AV � o n N d Q 2 ---- --- - - -- - -- - ----I I 1 i i I I I 1 1 I I 1 I I i i 1 1 1 I � i Z1 L i r 1 I I i I I I I I 1 I 1 1 SECTION 16 T 28S R 16E 1'---- ------------ --------- - --� SECTION DETAIL NTS LEGEND OR OFFICIAL RECORDS PG PAGE NTS NOT TO SCALE (L) LEGAL INFORMATION SEC SECTION POS POINT OF BEGINNING POC POINT OF COMMENCEMENT `_ O EXISTING GAS EASEMENT f/ SUBORDINATION AREA NOTE: THIS IS NOT A SURVEY a N 89'25-08" W (L) 779.92' (L) eN `_ O O� sec +s r z s rt +sc I