94-15I
RESOLUTION 94 -15
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING CITY -OWNED RIGHT OF WAY EASEMENTS ALONG
STATE ROAD 55 (U. S. HIGHWAY 19) BETWEEN STATE ROAD
60 (GULF -TO -BAY BOULEVARD) AND THE CSX TRANSPORTATION
RIGHT -OF -WAY SURPLUS FOR THE PURPOSE OF SUBORDINATING
UTILITY INTERESTS TO THE STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION, FOR THE S. R. 55 HIGHWAY PROJECT;
AUTHORIZING THE CITY MANAGER TO EXECUTE SUBORDINATION
OF UTILITY INTERESTS AGREEMENTS 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 55
in Pinellas County, Florida; and
WHEREAS, it is necessary that portions of certain right -of -way
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 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 for subordination of
City -owned right of way easements, subject to the reservations of
rights by the City as set forth in the subordination of utility
interests agreements, is found and declared to be for a valid
public purpose, and the right of way easements are hereby declared
surplus within the meaning of the City Charter. 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 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.
r
Section 2. The agreements authorized to be executed by the
City Manager upon adoption of this resolution are as depicted in
EXHIBITS "A -1" and "A -2" and are summarized as follows:
FDOT
RECORDED AT
EXHIBIT
PARCEL, NO.
CITY'S INTEREST
BOOK
PAGE
A.
102.02
Water & Gas main
O.R.
6366 -
1058
easement
Utility easement
O.R.
7109 -
1055
B.
105.05
Utility easement
O.R.
4621 -
1928
Water mains /ingress
O.R.
5072 -
2120
egress for refuse
& garbage collection
easement
C.
106.03
Sanitary Sewer
O.R.
3763 -
0976
easement and
O.R.
3823 -
0851
D.
107.03
Sub - surface water
O.R.
2363 -
0478
mains easement
Surface & air water
O.R.
6501 -
2042
lines easement
E.
109.04
Sanitary sewer
O.R.
3095 -
0080
easement
F.
110.07
Sanitary sewer
O.R.
3095
- 0080
easement
G.
111.06
Drainage & Utility
O.R.
6605
- 0084
easement
Water & gas main
O.R.
6698
- 0907
easement
H,
114.05
Right of Way
O.R.
4028
- 0018
easement
Drainage & Utility
O.R.
6663
- 0187
easement
1.
116.03
Drainage & Utility
O.R.
6663
- 0185
easement
J.
117.07
Drainage & Utility
O.R.
6366
- 1049
easement
Water & gas main
O.R.
6366
- 1051
easement
Utilities /drainage/
O.R.
6495
- 0313
ingress /egress
easement for refuse
& garbage collection
K.
118.05
Right -of -way
O.R.
4041
-- 1537
easement
Water line easement
O.R.
5458
-- 0245
Drainage & Utility
P.B.
0095
- 0001
easement
120.03
Drainage easement
O.R.
6605
- 0082
Drainage & Utility
O.R.
6605
w 0084
eaSeinent
Water & gas line
O.R.
6698
- 0907
easement
M.
123.04
Drainage easement
O.R.
6605 -
0082
Drainage & Utility
O.R.
6605
- 0084
easement
Water & gas line
O.R.
6698
- 0907
easement
N.
129.04
Water line easement
O.R.
5458
- 0245
Drainage & Utility
P.B.
0095
- 0001
easement
O.
130.03
Water main easement
O.R.
2471
- 0713
P.
131.04
Water main easement
O.R.
2471
- 0713
Q.
132.02
Water main easement
O.R.
2471
- 0713
R.
133.04
Sanitary sewer
O.R.
3787
- 0011
and
O.R.
3823
- 0851
S.
800.04
Water line easement
O.R.
5458
- 0245
Drainage & Utility
P.B.
0095
- 0001
easement
T.
803.05
Water mains /water
O.R.
5072
- 2120
facilities /ingress/
egress for refuse and
garbage collection
easement
U.
804.07
Water /gas main/
O.R.
6366
- 1051
utilities & ingress/
egress for garbage
collection easement
V.
806.05
Right -of -way
O.R.
4028
- 0018
easement
Drainage & Utility
O.R.
6663
- 0187
easement
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 2nd day of May , 1994.
Attest:
'%A� Z—
C thia E. Audenae,�--Cy Clerk
Aes94•-15. ewb
Rita Garvey, Mayor mmissioner
R
This instrument prepare by, or PARCEL : 102.02
under the directio f WPI NO. : 7117045
Kenneth G. Wing S.R. NO.: 55
Assistant General Counsel COUNTY : PINELLAS
Department of Tran ortation SECTION : 15150 -2566
11201 N. Malcolm Mc inley Drive
Tampa, Florida 33612
Legal Description Approved•/ /
Dater 4j By:l�
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of , 194_, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY
OF CLE_ARWATER , 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 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:
That part of:
A tract of land lying within the Northwest 1/4 of Section 17, Township 29 South, Range 16
East, Pinellas County, Florida, and being more particularly described as follows:
Commence at the center of said Section 17, also being the point of intersection of the
centerline of Gulf -to -Bay. (SR 60) and Hampton Road (CR 144); thence South 89 deg. 46101"
West along the South line of said Northwest 1/4 and the centerline of Gulf-to -Bay Blvd.,
for 2037.78 feet; thence North 00 deg. 13'59" West, for 60.00 feet to a point on the North
right -of -way line of said Gulf -to -Bay Blvd.; thence North 01 deg. 04104" East, for 599.99
feet; thence South 89 deg, 46'01" West, for 198.43 feet; thence North 00 deg. 52121" East,
for 134.00 feet to the POINT OF BEGINNING; thence continue North 00 deg. 52'21" East, for
420.70 feet; thence South 89 deg. 54`49" West, for 400.06 feet; thence North 01 deg. 04'04"
tadt, for 28.15 feet to a point of curvature of a curve concave to the East; thence
Northerly along the and of said curve, having a radius of 192.00 feet, a central angle of
PARCEL 102,02 PAGE 1
;vSiltXBIT A.
This instrument prepared /by, or
Under the G. Wing
io /yf /
Kenneth G. Wing f�/�"J�_/
Assistant General 'Counsel
Department of Trans ortation
21 deg. 43154 ", an arc length of 72.82 feet, and a chord bearing North 11 deg. 56'04" East,
for 72.39 feet to a point of tangency; thence North 22 deg. 47158" East, for 11.93 feet
to a point of curvature of a curve concave to the Northwest; thence Northeasterly along
the arc of said curve, having a radius of 238.00 feet, a central angle of 03 deg. 53'02 ",
an arc length of 16.13 feet and a chord bearing North 20 deg. 51'27" East, for 16.13 feet;
thence North 89 deg.. 54149" East, for 931.70 feet; thence South 00 deg. 05111" East, for
171.67 feet; thence South 47 deg. 00'00" West, for 140.00 feet; thence South 10 deg. 00100"
East, for 54.00 feet; thence South 45 deg. 00100" West, for 318.43 feet; thence South 89
deg. 46101" West, for 245.99 feet to the POINT OF BEGINNING.
Lying within the following described boundary, to -wit:
Commence at a railroad spike marking the Northeast corner of the Northwest 1/4 of Section
17, Township 29 South, Range 16 East, Pinellas County, Florida, run thence N.89 056149 "W.,
a distance of 2,689.93 feet along the North boundary of the Northwest 1/4 of said Section
17 to the Northwest corner thereof; thence S.01 °03'38 "W., a distance of 1463.78 feet along
the West boundary of the Northwest 1/4 of said Section 17; thence S.88 056'22 "E., a distance
of 115.59 feet to the East right -of -way line of U.S. #19 per A.O.T. Section 15150 -2512 and
the POINT OF BEGINNING; thence along said right -of -way line the following four (4) courses:
1) N.01 °03'38 "E., a distance of 28.12 feet to a point of curvature; 2) Northerly, 72.83
feet along the arc of a curve to the right, having a radius of 192.00 feet and a central
angle of 21 043156" (chord bearing N.11 055'36 "E., 72.39 feet); 3) N.22 047133 "E., a distance
of 11.93 feet to a point of curvature; 4) Northeasterly, 5.68 feet along the arc of a curve
to the left, having a radius of 238.00 feet and a central angle of 01 022105" (chord bearing
N.22 006'30 "E., 5.68 feet) to a curve; thence Southerly, 115.37 feet along the arc of a
curve to the right, having a radius of 7649.44 feet and a central angle of 00 °51'51" (chord
bearing 5.03021130 "W., 115.37 feet); thence S.89 053'49 "W., a distance of 15.48 feet to the
POINT OF BEGINNING.
Containing 1,475 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK /PAGE
EASEMENT
10/01/86
M.D.C.ASSOCIATES,
CITY OF CLEARWATER
6366/1058
81A, LTD. a
Georgia limited
partnership
EASEMENT
10/05/89
METROPOLITAN LIFE
CITY OF CLEARWATER
7109/1055
INSURANCE COMPANY
PROVIDED that the City has the following rights:
11 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
PARCEL 102.02 PACE 2
This instrument prepa�recV by, or
the
UndeR h Gm. ection
Wing
Assistant General Counsel
Department of Trans rtation
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
?DOT 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 land 3 above.
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 NAME
WITNESS
PRINT NAtiR
PARCEL 102.02
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VIZ
ADDRESS 11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
PA09 3
a
uy
This instrument prepared by, or
Under the direction f
Kenneth G. In
Assistant Genera t Counsel
Department of Transp rtation
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 199 , by , DIRECTOR
OF PRODUCTION__ for District VII , who is personally known to me or who has produced
as identification.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name by its Board of City Commissioners acting by the Chairperson or Vice - Chairperson of
said Board, the day and year aforesaid.
PRINT
Clerk (or
PARCEL 102,02
CITY OF CLEARWATER , Florida,
By Its City Council
By:
Its Chairperson (or Vice - Chairperson)
NAME
PAGE 4
This instrument prepare by, or
Unde ennen Gibing io f
Assistant Gene rz,.i �aur+suy
Department of Trans ortation
OF FLORIDA
COUNTY
The foregoing trument was acknowledged before me this day of
,, g , by , Chairperson
(or Vice-Chairperson) of the TY OF CLEARWATER , Florida, City Council, who is
personally known to me or who has pr ced as identification.
PRINT NAME
Notary Public in and he
County and State last afor d.
My Commission Expires:
Serial No., if any:
PARCEL 102.02
PAGE 5
r �Y
Co rsig d:
Rita Garvey
Mayor - Commissions
STATE OF FLORIDA }
COUNTY OF PINELLAS }
CITY OF CLEARWATER, FLORIDA
By: 9--k #$(
Eli abeth M. Deptula
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 Name:
Notary Public.
STATE OF FLORIDA }
COUNTY OF PINELLAS }
. 1994.
BEFORE ME personally appeared Elizabeth M. Deptula, the City Manager 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 , 1994.
Notary Public
Print /Type Name:
Approved as to form and correctness:
M. A. Galbraith, Jr., City Attorney
PARCEL 102.02
PAGE 5