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94-71R ;G G% D CODE � -�- 7 a Da +�•� 1, t �- pic INST ## 94- 264790 PINELLAS ' "O[7NTY FLA. SPT 21, 1994 4:51PM � OFF.REC.BK 90 PG 254 RESOLUTION 94 -71 • A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DECLARING CITY -OWNED RIGHT OF WAY EASEMENTS ALONG THE FSES �_ SOUTH SIDE OF STATE ROAD 586 (CURLEW ROAD) BETWEEN LAKE SHORE LANE AND NORTHRIDGE DRIVE SURPLUS FOR THE PURPOSE OF SUBORDINATING UTILITY INTERESTS TO THE STATE OF TC _.,FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE S.R. 586 HIGHWAY PROJECT; AUTHORIZING THE CITY MANAGER TO SV EXECUTE THE SUBORDINATION OF UTILITY INTEREST 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 586 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 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 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 City -owned right -of -way easements, 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 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. RETURN T0: CITY CLERK POST OFFICE BOX 4748 CLEARWATER, FL 34618.4748 q �_ 7% PINELLAS COUNTY FLA. OFF.REC.BK 8790 PG 255 Section 2. The agreements authorized to be executed by the City Manager upon adoption of this resolution are summarized as follows: a oaoaa�. is .E., Goudeau, City C r / -71 RECORDED AT DOT PARCEL NO. CITY'S INTEREST BOOT{ PAGE 141.04 Drainage Easement P.B. 0080 0040 142.03 Drainage Easement P.B. 0080 0040 143.04 Drainage Easement P.B. 0080 0040 144.03 Drainage Easement P.B. 0080 0040 145.04 Landscape Easement P.B. 0086 0065 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15th of September , 1994. a oaoaa�. is .E., Goudeau, City C r / -71 This instrument prepared'by, or under theKMR5iMn9 f Assistant General Counsel Department of Transportat'on 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 PINELLAS COuATY FLA. OFF.REC.BK 8790 PG 256 PARCEL : 141.04 WPI jZo, : 7116917 EXHIBIT_ "A" S.R. NO.: 586 COUNTY PINELLAS SECTION 15009 -2540 Legal Description Approved: Date: JUNE fi 1994 __ By: WILLIAM MELTON r _ 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 subordinated 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 Lot 86, WYNWOODS LANDING II according to the map or plat thereof as recorded In Plat Book 88, Pages 40 42 inclusive of the Public Records of Pinellas County, in Section 17, Township 28 South, Range 16 East, Pinellas County, Florida being more particularly described as follows: As a point of reference commence at the Southwest corner of the Northwest 1/4 of said section 17; thence South 89 °50'37" East, 60.00 feet along the South line of the Northwest 1/4 of said Section 17 to a point an the East right -of -way line of Lake Shore Lane; thence North 00 035140" Westr 331.35 feet along the Went lot line of said Lot 86 also being the East right -of -way line of Lake Shore Lane to the POINT OF BEGINNING; thence continuing along the West lot line of said Lot 86, North 00035140" West, 23.62 feet to a point on the PAGE 1 PARCEL 141.04 �1- PINELLA- COUNTY FLA. OFF.REC.BK 8794 PG 257 This instrument prepared y, or Under th direction of Kenneth G. % Assistant Gsnacaf Counset� Department of Transports i.on southerly existing right -of -way line of State Road 586 (Curlew Road); thence 23.75 feet along the arc of a curve to the right of said Southerly existing right -of -way line whose radius is 1839.86 feet, central angle is 00 044'23" and has a chord bearing and distance of South 81006'26" East, 23.75 feet; thence 34.86 feet along the arc of a curve to the left whose radius is 20.00 feet, central angle is 99 051'25" and has a chord bearing and distance of South 49 020'03" West, 30.61 feet to the POINT OF BEGINNING. Contains 126 square feet, more or less. RECORDED 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 141.04 PAGE 2 ?"I FROM TO O.R. BOOK /PAGE NATURE OF ENCUMBRANCE DATE EASEMENT 03/21/84 WILLIE M. BREWTON CITY OF CLEARWATER PB 80/40 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 141.04 PAGE 2 ?"I PINELLAS COUNTY FLA. OFF.REC•EK 8790 PG 258 This instrument prepared by, or Under the di action o£ Kenneth . Wing Assistant General Counsel Department of Transpor ation 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 NAME STATE OF FLORIDA COUNTY OF HILLSBOROUGH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District VII ADDRESS 11201 N. MALCOLM McKINLEY Dr. TAMPA FL 33612 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: _- PARCEL 141.04 PAGE 3 1 PINELLi COUNTY FLA. OFF.RTC.BK 8790 PG 259 This instrument prepared by, or Under nn��`t�ing of Assistant General Counsel Department of Transport ti., IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name b its Board of City Commissioners acting by the Chairperson or Vice - Chairperson of said Boa r4, the day and year aforesaid. ATTEST: PRINT (or 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 CITY OF CLEARWATF.B6_, F7 personally known to me or who has produced w, PARCEL 141.04 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 any: PAr.0 4 g Y r i L Countersigned: Rita Garvey, Mayor - Commissioner PINELLAS CONN75C FLA. OFF.REC.BK 8790 PG 260 CITY OF CLEARWATER By: Elizabeth M. Deptula 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 , 1994. Notary Public Print /type name: STATE OF FLORIDA COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, 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. WITNESS my hand and official seal this day of , 1994• Notary Public Print /type name: Approved as to form and correctness: Miles A. Lance, Assistant ClEy Attorney PARCEL 141,04 PAGE 4 g -W IL -h6 05 �J } C1 (.0 LO 1 t. rI) cl �� o& SgjgA Ds d 30 '9,,'13 td I IMN I "INI iNOwnV39 r L 7 � !n > w �o lao/v O iNOwnV39