94-53INST # 94- 264791
SPT 21, 1994 4.51PM PINELLAS COUNTY FLA,
wCi'� CL j� OFF.REC.BK 8790 PG 262
HEG
Ili
PIC _._.
v ER 7 ._..... _.�_.....
RESOLiTION 94 -53
FEES*
MTF � --- A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING CITY -OWNED RIGHT OF WAY EASEMENTS
TOT A" � "yam ALONG STATE ROAD 55 (U. S. HIGHWAY 19) BETWEEN
= — STATE ROAD 60 (GULF -TO -BAY B60LEVARD) AND THE CXS
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 THE 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 constructor 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 t. The application of the DOT for the subordination of City -
awned 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 ($1.00) and ether good and valuable consideration including, but not
limited to, the benefit$ to be obtained from the highway improvements.
ReTUSN TO:
CITY Ol.M
POSE' 05FICE BOX 4748
CLEARWATER, FL 3461$,4748
91.53
PINELLAS COUNTY FLA.
OFF.REC.BK 8790 PG 263
Section 2. The agreements authorized to be executed by the City
Manager upon adoption of this resolution are summarized as follows:
DOT
RECORDED AT
PARCEL NO.
CITYIS INTEREST
BOOK
PAGE
115.02
Right of Way easement (Part A)
O.R.
4019
0031
Drainage & Utilities
easement (Part B)
O.R.
4019
0034
124.03
Drainage & Utilities easement
0. R.
5978
1717
800.04CD*
Water line easement
0. R.
5458
0245
Drainage & Utilities easement
P. B.
0095
0001
( *Corrective
agreement to correct legal description contained
in
subordination
of City Utility Interests recorded in O.R. Book
8698, Page
1182, Public
Records of Pinellas County, Florida, dated 06/03/94)
808.05
Water line easement
0. R.
5458
0245
Drainage & Utilities easement
P. B.
0095
0001
809.04
Drainage easement
0. R.
6605
0082
Drainage easement
P. B.
0107
0024
Water & Gas Line easement
O. R.
6698
0907
810.03
Drainage & Utilities easement
O. R.
6605
0082
Water & Gas Line easement
0. R.
6698
0907
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 15th-day of September , 1994.
Attest:
Cyj hia E. Goudeau, City Clerk i a Garvey, Mayor-Co m sioner
l q` br3
This ingtrument prepared by, or
under, ,,he l j V�09on o
pepartment of Tr4nspo rl-y�prlve n
11201 N. Millcolm OOKi
Tampa, ? oVtda 33612
PA4CSL ; 115.02
7117045
S.R. N9,j 55
COUNTY '; PINELLAS
SEC'f'fQj� ; 1515p =2566
Legal pescriptign Approved:
pate{ 06130/94 Bys DIANNE M. COLLINS
PINELLA. COUNTY FLA.
OFF.REC.BK 8790 PG 264
EXHIBIT "All
•' UTL.OI
$U80"INATION OF CITY UTILITY INTERESTS
TUV5 AGREEMENT, entered into this _ day of , 199_, by and between the
STATE Of rLORIOA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the CITY
OF CLEARWATER , a municipal corporation, hereinafter called City.
W I T N E S S E T If:
j��jER}1S, the city presently has an interest in certain lands that have been
determined necesgary for highway purposes; and
WNF.,REAS, the proposed use of these lands for highway purposes will require
subordit? °n of the interest claimed in such lands by City,to the FOOT; and
Wi}F�REAS, the FOOT is willing to pay to have the City's facilities relocated if
necggsary to prevent conflict between the facilities so that the benefits of each may be
reta.�,ngd.
'}SOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
heet4, pity and FOOT agree as follows:
City hereby subordinates to the interest of FDOT, its successors, or assigns, any
+anc� all of its interest in the lands as follows, viz:
$sit "A„
Commence at a Nl1 /4nofl Section marXed LB
Township 148
29 Northwest
�inel }$e Coyn
poxner df th• Northeast .
ty, Florida, run thence 5.89 °52'05 "E., a distance of 2609.88 feet
Along the North },oyndary o€ the Northeast 1/4 of said Section 7; thence
S,QQ °54'50 "g1., along the East boundary of the Northeast 1/4 of said Section
distance of 730.58 feet; thence N.89 °05'10 "W., a distance of 1tl0.tl0 feet
to the nest right-of-way line of U.S. Highway No. 19 for a P0114T OV BEGINNING;
thi�cP S.00 °54'50 "W., along said West right -of -way line, a distance of N 289.60
e9k1
thence N.89 °05'10 "W•, a distance of 26.72 feet; thence orihorly,
fp @� slung the arc of a curve to the right having a radius of 7649.44 feet, of
c¢tra angle 0' chord r1., Odlistance fe t; ttence S.89°05'0 "E of
ji. diatanceof289.
30,1� toot to the POINT OF BrGIN14I110.
CoAtpining 9,608 square feet, more ar iva.
PAGE i
vhvippp 115.02
yV - ,t3
PINELLAS COUNTY FLA.
OFF.REC.BK 8790 PG 265
This instrument prepared byy or
Under the direction o
Kenneth G. Wtng
Assistant General Counsel
Department of Tranepo tation
Part "B„
commence at a parker kalon nail and disk marked LB 148 marking the Northwest
corner of the ,Northeast 114 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, run thence 5,89 °52'05 "E., a distance of 2689.88 feet
along the North boundary of the Northeast 1/4 of said Section 7; thence
S.00 °54150 "W., along the East boundary of the Northeast 1/4 of said Section
7, a distance of 730.58 feet; thence N.89 °05'10 "W., a distance of 138.15 feet
to the POINT OF BEGINNING; thence Southerly, 289.84 feet along the arc of a
curve to the left having a radius of 7649.44 feet, a central angle of
02 010'16 ", and a chord bearing and distance of S.01 120141 "E., a distance of
289.83 feet; thence d N-egof 289. 0 feet;dthenceeS.89° 5090 E., a distance thence
H.00 053155 "E., o
197.70 feet to the POINT OF BEGINNING.
Containing 1.346 acres, more or less.
parts "A" & "B" contain a total of 1.568 acres, more or less.
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK /PAGE
EASEMENT 04/19/73 LESTER BERNFIELD AND CITY OF CLEARWATER 4019/31
SHIRLEY BERNFIELD,
HIS WIFE, IRVING
KABILLER AND ELAINE
KABILLER, HIS WIFE,
BEN KOOK AND ANN
KOOK, HIS WIFE,
PHYLLIS LEVINSON,
DIVORCED AND NOT
REMARRIED AND
ROSALYN ZAVATSKY,
DIVORCED AND NOT
REMARRIED
EASEMENT 04/19/73 LESTER BERNFIELD AND CITY OF CLEARWATER 4019/34
SHIRLEY SERNFIELD,
HIS WIFE, IRVING
KABILLER AND ELAINE
KABILLER, HIS WIFE,
BEN KOOK AND ANN
KOOK, HIS WIFE,
PHYLLIS LEVINSON,
DIVORCED AND NOT
REMARRIED AND
ROSALYN ZAVATSKY,
DIVORCED AND NOT
REMARRIED
pA d4p 115.02 PACE 2
/7
PINE- -AS COUNTY FLA.
OFF.REC.BK 8790 PG 266
This inetrument prepared by, or
Under the direction f
Kenneth G. Wing
Assistant General Courigal
Department of Transp ation
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 ouch 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
$p Paragraphs 1 and 3 above.
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
SigAed, sgaled and delivered in
the pr9sence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VII
WITHE$S ADDRESS 11201 N. MALCOLM MCKINLEY Dr,
PRINT MANE- 'TAMPA FL 33612
WITNESS
PRINT MA23E
PARCEL 115.02
FACE 3
�q_S3
PINELLAbr .01JNTY FLA.
OFF.REC.BK 8790 PG 267
This instrument prepared by, or
Under the direction
Kenneth G. Wing
Assistant General Couns "el
Department of Transp ation
STATE OF FLORIDA
COUNTY OF _HILLSBOROUGH
Thq 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 b to Board of City Commissioners acting by the Chairperson or Vice - Chairperson of
said Soar the day and year aforesaid.
ATTEST; CITY OF CLEARWATER , Florida,
By Its City Council
PRINT NAME
Cleric (or Depu Clerk) BY;
Its Chairperson (or Vice - Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged
199 , by
(or Vice - Chairperson) of the CITY OF CLEARWATEf
personally known to me or who has produced
PARCEL 115.02
re me this day of
Chairperson
F1 ida, City Council, who, i5
as identification.
PRINT NAME 2�
Notary Public in and for the
County and State last aforesa
My corranission Expires:
Serial No., if any:
PAGE 4
�Y -53
Countersigned:
Rita Garvey, Mayor - Commissioner
STATE OF FLORIDA )
COLTHTY OF PINELLAS )
PINELLA_ COUNTPOFL .
OFF.REC.BK 8790
CITY OF CLEARWATER
By:
Elizabeth M. peptula
City Manager.
Attest:
Cynthia E. Goudeau, City Clerk
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 1994.
Notary Public
Print /type name:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Elizabeth hl. Deptula, City
Manager of the City of Clearwater, Florida, who executed the foregoing instrument
apd 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
Notary Public
Print /type name:
Approved as to form and correctness:
Mi eB A. Lances Ass scant City Attorney
PA}2CEI, 115.02
1994.
PAGE 5
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124
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PINELLAS COUNTY FLA.
OFF.REC.BK 8790 PG 269
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