94-787:�
RESOLUTION 94 -78
A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA,
DECLARING A PARCEL OF CITY -OWNED PROPERTY AS
SURPLUS TO CITY NEEDS FOR THE PURPOSE OF GRANTING A
DRAINAGE INSTALLATION AND MAINTENANCE EASEMENT TO
THE FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING
ITS STATE ROAD 55 HIGHWAY IMPROVEMENT PROJECT
EXTENDING FROM GULF -TO -BAY BOULEVARD TO THE CSX
TRANSPORTATION RIGHT -OF -WAY; AUTHORIZING
APPROPRIATE CITY OFFICIALS TO EXECUTE THE EASEMENT
AGREEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation
(herein the "DOT ") , proposes to construct or improve State Road No.
55 in Pinellas County, Florida, and
WHEREAS, City -owned land, described more particularly herein,
is required to meet drainage requirements of the proposed
improvement project, and
WHEREAS, the DOT has notified the City of its intent to
acquire the aforementioned drainage easement pursuant to Sections
73.091, 73.092, and 337.271, Florida Statutes, subject to City
rights and responsibilities thereunder, and
WHEREAS, the City wishes to facilitate completion of the
State Road No. 55 improvement project by the DOT, and
WHEREAS, Section 2.01(d) (4) of the City Charter authorizes
the conveyance of surplus City property, without competitive
bidding, and for less than the appraised value; and
WHEREAS, the foregoing premises have 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 conveyance to the DOT of a permanent easement
over, under and across City -owned land as more particularly
described in attached Exhibits "A" and "B ", is found and declared
to be for a valid public purpose and is approved, and the property
described herein is declared surplus to the needs of the City for
the purpose of granting said easement. The appropriate City
Officials are authorized to execute the document in the form as
attached hereto, conveying a permanent easement interest in the
City -owned real property described therein in consideration of the
sum of $10.00 and other good and valuable consideration including,
but not limited to, the benefits to be obtained from the highway
improvements.
q q =79*
Section 2. The City -owned land in which the City shall convey
an easement interest to the DOT by the easement deed to be executed
by the appropriate City Officials upon adoption of this resolution
is summarized as follows:
STATE ROAD: 55 SECTION: 15150 -2566 PINELLAS COUNTY, FLORIDA
DOT PARCEL NO. CITY'S INTEREST INTEREST CONVEYED TO DOT
811 Fee Simple Permanent Easement
Section 3. This resolution shall take effect immediately upon
adoption_
PASSED AND ADOPTED this 20th day of October , 1994.
Attest:
Cy -hia E. Uoudeau, City Clerk Rita Garvey, Mayor- missioner
q4 -7S
E A S E M E N T C(OPY
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to it, the receipt of which is hereby acknowledged, and the benefits to
be derived therefrom, the
city of Clearwater, Florida,
a Florida Municipal Corporation
P. O. Box 4748
Clearwater, Florida 34618 -4748
does hereby grant and convey to the STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION an easement over, under and across the following described
land, lying and being situate in the County of Pinellas, State of Florida, to
wit:
Parcel 811, Section 15150 -2566, State Road 55, Pinellas County,
as legally described in Exhibit "A" (Parcel Identification Sheet)
and depicted in Exhibit "B" (Parcel sketch), both attached hereto.
This easement is for drainage installation and maintenance.
The STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, shall have the right
to enter upon the above - described premises and to construct, install and
maintain thereon any drainage facilities and to inspect and alter such
drainage facilities from time to time.
THE EASEMENT, rights and privileges herein granted shall be used only
for the purpose of drainage installation and maintenance as hereinafter
provided:
1. The easement granted herein shall be subject and subordinate to the
easement rights and privileges granted in that certain DRAINAGE EASEMENT
AGREEMENT as recorded in O.R. 6618, Pg. 2190, Public Records of Pinellas
County, Florida.
2. The easement granted herein shall not interfere with or otherwise
obstruct the Grantor's right to use the real property for any lawful purpose.
1
Ex.4 g4 1T
3. The Grantee shall bear all costs incident to the installation,
maintenance and repair of drainage facilities as grantee may construct with
the easement area granted herein.
4. At all times during the term of this easement, the Grantee shall
maintain all of its structures, improvements, facilities, pipes and related
equipment located, installed or constructed within the easement area in a
safe and serviceable condition.
5. The Grantee shall be responsible to repair and restore the premises
after the installation of drainage facilities, or any future repair or
maintenance thereof, so that the premises are restored to their prior
condition, including but not limited to restoration of any landscaping or
natural habitat, as well as any improvements Grantor may reasonably construct
within the easement area granted herein. The Grantee hereby acknowledges and
agrees that any such improvements made by Grantor shall not constitute
encroachments, and that Grantee shall not seek to obtain any judicial order
requiring the removal of such improvements from the easement on the grounds
that the improvements constitute an encroachment.
6. The Grantee shall defend, indemnify and hold harmless the Grantor
from and against all claims, damages, losses and expenses, including
attorneys' fees, arising out of or resulting from the use by the Grantee of
the easement granted herein. With respect to any person not a party to this
--grant of easement, this paragraph shall not be construed as a waiver or any
defense or limitation available to the Grantee or to the Grantor pursuant to
Section 768.28, Florida Statutes, as now in effect or as may be amended from
time to time.
7. This grant of easement shall run with the land and shall be binding
on and shall inure to the benefit of the parties, their successors and /or
assigns; provided, however, that the easement granted hereunder, shall
terminate when, or at such time as, the purposes hereof cease to exist, are
abandoned by Grantee, or become impossible of performance.
IN WITNESS WHEREOF, the CITY OF CLEARWATER, FLORIDA has caused these
presents to be duly executed by its proper officials thereunto authorized
this day of , 1994.'
Countersigned:
Rita Garvey, Mayor- Commissioner
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
q 7g
Page 3: Drainage Easement
City of Clearwater to State of Florida,
Department of Transportation
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,
the 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 purpose 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 legal sufficiency:
Miles A. Lance
Assistant City Attorney
3
q* - 7g
i
PARCEL INFORMATION
l.,w 11 l'3i'i`!' "
SECTION 15150 -2566 (Y-)UN Y __DEPC:RZPTION
PARCEL 811
PERMANENT EASEMENT
That part of:
The Northeast Quarter (NE1 /4) of the Southeast Quarter (SEl /4) of
Section 7, Township 29 South, Range 16 East, LESS AND EXCEPT the
right -of -way of U.S. Highway 19; also, LESS AND EXCEPT the following
described parcel of land to -wit: Beginning at the Southwest corner of
the NEl /4 of SE1 /4 of Section 7, Township 29 South, Range 16 East;
thence North 89 degrees 52 minutes 03 seconds East, along the South
boundary of said NE1 /4 of SE1 /4, 239.10 feet to a point that is 3.75.00
feet Easterly of and at right angle to the center line of Florida Power
Corporation's existing Higgins- Disston 110 KV transmission line; thn.nce
North 0 degrees 23 minutes 18 seconds East, parallel to said existing
center line, 1153.54 feet; thence North 0 degrees 24 minutes 38 seconds
East, parallel to said existing center line, 193.08 feet to a point on
the North boundary of said NE1 /4 of SEl /4; thence South 89 degrees 41
minutes 38 seconds West, along said North boundary, 236.29 feet to the
Northwest corner of said NE1 /4 of SE1 /4, thence South 0 degrees 30
minutes 40 seconds West along the West boundary of said 14E1/4 of SE1 /4,
1345.95 feet to the Point of Beginning: situate, lying and being in the
County of Pinellas, State of Florida.
Lying within the following described boundary, to -wit:
Commence at a 5/8" iron rod no. LB -33 marking the Southwest corner of
the Southeast 1/4 of Section 7, Township, 29 South, Range 16 East,
Pinellas County, Florida, run thence S.89°39'r16 11E., a distance of
'
2,671.71 feet along the South boundary of the Southwest 3./4 of said
Section 7 to the Southeast corner thereof; thoncca N.00 054150 11E., a
distance of 1,35D.60 feet along the East boundary of the Southeast 1/4
of said section 7; thence N.89 °50'51 "W., a diStancc of .100.01• feat,- to
the existing West right -of -way line of U.S. x{19; thencao N.00°54'()0"r:. -,
along said West right -of -way line, a di.:j'tlancu of 85,06 'feet to the
POINT OF BEGINNING; thence continue N.00115415011E,, along said. West
right -of -way line, a distance of 20.00 feet; thence N,89005'1.0 "W�, a
distance of 20.00 feet; thence S.00 °54'50 "W., a clisttinc;e of 20.00 feet;
thence S.89 005110 "E., a distance of 20.00 fOlOt tO the POINT OF
BEGINNING.
Containing 400 square feet, more or less.
PARCEL 811 VA(- l
q
EXHIBIT "B"
I
I
1
C, 5.
R.
i
R.
1 s 01
I
S X.
I
R' R
j
�yZ�sp•w
N LINE OF NE 1/4 OF SE 1/1 OF 7 -29 -16
IIf
I
I
I
\
\ I
130
I
H. T.
ThIs is N 0 Survey !
�`
N89'05'10" W
3 2000 . w I
32/01
I
L a O a I
I�
I
In O O
�1
0 e o
Ln 20.00 ,
Ln
+1 /oz
589'05'10 "E ,
I
�
i V
1
3
w P.O.B.
o I
�o I
<
8"
I
1,To
z 1
I
�
IrA
n°
41/01 r�
3
o
a
CARPEN TER F1E40
-
N89'50'51 "W
100.01'
I
w6Y'3]'1)'E
S LINE OF NE t/A of SE 114 Or 7 -29 -16
]
l�
'l1HE CLEARWATER COILEC''[ON
IN
3
!� o
�
� I
589'29'7 L
287171' 1-
S/w Car of S /'E 1/4 of
7 -29 -16
u.Y2/36 - 0 vG
CAWS -1 DVOO
94 -7F
114ST # 94-297230
OCT 26, 1994 PINELLAS COUNTY FLA.
OFF.REC.BK 8823 PG 830
RESOLUTION 94 -78
11 A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA,
ACCT %- DECLARING A PARCEL OF CITY -OWNED PROPERTY AS
— - 3) SURPLUS TO CITY NEEDS FOR THE PURPOSE OF GRANTING A
REC ' DRAINAGE INSTALLATION AND MAINTENANCE EASEMENT TO
FEES THE FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING
MTF ITS STATE ROAD 55 HIGHWAY IMPROVEMENT PROJECT
PTG �— '— EXTENDING FROM GULF -TO -BAY BOULEVARD TO THE CSX
Pic TRANSPORTATION RIGHT -OF -WAY; AUTHORIZING
DOC '~'- APPROPRIATE CITY OFFICIALS TO EXECUTE THE EASEMENT
INT "-`- AGREEMENT; PROVIDING AN,EFFECTIVE DATE.
TOTAL
/WHEREAS, the State of Florida, Department of Transportation
(herein the "DOT ") , proposes to construct or improve State Road No.
55 in Pinellas County, Florida, and
WHEREAS, City -owned land, described more particularly herein,
is required to meet drainage requirements of the proposed
improvement project, and
WHEREAS, the DOT has notified the City of its intent to
acquire the aforementioned drainage easement pursuant to Sections
73.091, 73.092, and 337.271, Florida Statutes, subject to City
rights and responsibilities thereunder, and
WHEREAS, the City wishes to facilitate completion of the
State Road No. 55 improvement project by the DOT, and
WHEREAS, Section 2.01(d)(4) of the City Charter authorizes
the conveyance of surplus City property, without competitive
bidding, and for less than the appraised value; and
WHEREAS, the foregoing premises have 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 conveyance to the DOT of a permanent easement
over, under and across City -owned land as more particularly
described in attached Exhibits "A" and "B ", is found and declared
to be for a valid public purpose and is approved, and the property
described herein is declared surplus to the needs of the City for
the purpose of granting said easement. The appropriate City
Officials are authorized to execute the document in the form as
attached hereto, conveying a permanent easement interest in the
City -owned real property described therein in consideration of the
sum of $10.00 and other good and valuable consideration including,
but riot limited to, the benefits to be obtained from the highway
improvements.
RETURN TO:
CITY CLERK
POST OFFICE BOX 4748
CLEARWATER, FL 346i$ -4748
PINELLAS COUNTY FLA.
OFF.REC.BK 8823 PG 831
Section 2. The City -owned land in which the City shall convey
an easement interest to the DOT by the easement deed to be executed
by the appropriate City Officials upon adoption of this resolution
is summarized as follows:
STATE ROAD: 55 SECTION: 15150 -2566
DOT PARCEL NO. CITY'S INTEREST
811 Fee Simple
PINELLAS COUNTY, FLORIDA
INTEREST CONVEYED TO DOT
Permanent Easement
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 20th day of October , 1994.
Attest:
Cy hia E. Goudeau, City Clerk Rita Garvey, Mayor- mmissioner
I hereby certify that this is a true and
corm copy of the original as it
a�dears in the files of.tne City of
a Clearwater. W#ness my hand and
official seal of tht* City of Clearwateru
a:Lduy of -�'�
Ci lerk
C/
pIpJELLAS COUNTY FLN-
OFF.REC.BK 8823 PG 832'
E A S E M E N T C(apy
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to it, the receipt of which is hereby acknowledged, and the benefits to
be derived therefrom, the
City of Clearwater, Florida,
a Florida Municipal corporation
P. O. Box 4748
Clearwater, Florida 34618 -4748
does hereby grant and convey to the STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION an easement over, under and across the following described
land, lying and being situate in the County of Pinellas, State of Florida, to
wit:
Parcel 811, Section 15150 -2566, State Road 55, Pinellas County,
as legally described in Exhibit "A" (Parcel Identification Sheet)
and depicted in Exhibit "B" (Parcel Sketch), both attached hereto.
This easement is for drainage installation and maintenance.
The STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, shall have the right
to enter upon the above - described premises and to construct, install and
maintain thereon any drainage facilities and to inspect and alter such
drainage facilities from time to time. ;
THE EASEMENT, rights and privileges herein granted shall be used only
for the purpose of drainage installation and maintenance as hereinafter
provided:
1. The easement granted herein shall be subject and subordinate to the
easement rights and privileges granted in that certain DRAINAGE EASEMENT
AGREEMENT as recorded in O.R. 6618, Pg. 2190, Public Records of Pinellas
County, Florida.
2. The easement granted herein shall not interfere with or otherwise
obstruct the Grantor's right to use the real property for any lawful purpose.
1
'EX-4 q 7
PINELLAS COUNTY FLA.
OFF.REC.BK 8823 PG 83�
3. The Grantee shall bear all costs incident to the installation,
maintenance and repair of drainage facilities as grantee may construct with
the easement area granted herein.
4. At all times during the term of this easement, the Grantee shall
maintain all of its structures, improvements, facilities, pipes and related
equipment located, installed or constructed within the easement area in a
safe and serviceable condition.
5. The Grantee shall be responsible to repair and restore the premises
after the installation of drainage facilities, or any future repair or
maintenance thereof, so that the premises are restored to their prior
condition, including but not limited to restoration of any landscaping or
natural habitat, as well as any improvements Grantor may reasonably construct
within the easement area granted herein. The Grantee hereby acknowledges and
agrees that any such improvements made by Grantor shall not constitute
encroachments, and that Grantee shall not seek to obtain any judicial order
requiring the removal of such improvements from the easement on the grounds
that the improvements constitute an encroachment.
6. The Grantee shall defend, indemnify and.hold harmless the Grantor
from and against all claims, damages, losses and expenses, including
attorneys' fees, arising out of or resulting from the use by the Grantee of
the easement granted herein. With respect to any person not a party to this
'""grant of easement, this paragraph shall not be construed as a waiver or any
defense or limitation available to the Grantee or to the Grantor pursuant to
Section 768.28, Florida Statutes, as now in effect or as may be amended from
time to time.
7. This grant of easement shall run with the land and shall be binding
on and shall inure to the benefit of the parties, their successors and /or
assigns; provided, however, that the easement granted hereunder, shall
terminate when, or at such time as, the purposes hereof cease to exist, are
abandoned by Grantee, or become impossible of performance.
IN WITNESS WHEREOF, the
presents to be duly executed
thi's day of
Countersigned:
CITY OF CLEARWATER, FLORIDA has caused these
by its proper officials thereunto authorized
1994.'
Rita Garvey, Mayor - Commissioner
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
q �. 7
PINELLAS COUNTY FLA•
OFF•REC•8K 8823 PG g34
Page 3: Drainage Easement
City of Clearwater to State of Florida,
Department of Transportation
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
Notary Public
Print /type Name:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
1994.
BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula,
the 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 purpose 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 legal sufficiency:
Miles A. Lance
Assistant City Attorney
3
1994.
q�,ggj
PINE. AS COUNTY FLA.
OFF.REC.BK 8823 PG 835
PARCEL INFORMATION SHEET
EXHIBIT "A"
SECTION 15150 -2566 STATE ROAD 55 PINELLAS COUNTY DESCRIPTION
PARCEL 811
PERMANENT EASEMENT
F
That part of:
The Northeast Quarter (NE1 /4) of the Southeast Quarter (SE1 /4) of
Section 7, Township 29 South, Range 16 East, LESS AND EXCEPT the
right -of -way of U.S. Highway 19; also, LESS AND EXCEPT the following i
described parcel of land to -wit: Beginning at the Southwest corner of
the NE1 /4 of SE1 /4 of Section 7, Township 29 South, Range 16 East;
thence North 89 degrees 52 minutes 03 seconds East, along the South
boundary of said NE1 /4 of SE1 /4, 239.10 feet to a point that is 175.00
feet Easterly of and at right angle to the center line of Florida Power
Corporation's existing Higgins - Disston 110 KV transmission line; thence j
North 0 degrees 23 minutes 18 seconds East, parallel to said existing i
center line, 1153.54 feet; thence North 0 degrees 24 minutes 38 seconds
East, parallel to said existing center line, 193.08 feet to a point on
the North boundary of said NE1 /4 of SE1 /4; thence South 89 degrees 41
minutes 38 seconds West, along said North boundary, 236.29 feet to the
Northwest corner of said NE1 /4 of SE1 /4, thence South 0 degrees 30 F
minutes 40 seconds West along the West boundary of said NE1 /4 of SE1 /4,
1345.95 feet to the Point of Beginning: situate, lying and being in the
County of Pinellas, State of Florida.
Lying within the following described boundary, to -wit:
Commence at a 5/8" iron rod no. LB -33 marking the Southwest corner of c
the Southeast 1/4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, run thence S.89 039146 "E., a distance of i
2,671.71 feet along the South boundary of the Southwest 1/4 of said
Section 7 to the Southeast corner thereof; thence N.00 054150 "E., a
distance of 1,350.60 feet along the East boundary of the Southeast 1/4
of said Section 7; thence N.89 150151 11W., a distance of 100.01 feet to
the existing West right -of -way line of U.S. m19; thence N.00054/5011E.,
along said West right -of -way line, a distance of 85.06 feet to the
POINT OF BEGINNING; thence continue N.00 054150 "E., along said West
right -of -way line, a distance of 20.00 feet; thence N.89 105'10 "W., a
distance of 20.00 feet; thence S.00 °54'50 "W., a distance of 20.00 feet;
thence S.89 °05'10 "E., a distance of 20.00 feet to the POINT OF
BEGINNING.
Containing 400 square feet, more or less.
PARCEL 811 PAGE 1
5/W Coe, of S/E 1/4 of
7- 29— 16
EXHIBIT "B"
PINELLAS CQUNTY FLA.
OFF.REC.BK 8823 PG 836
8/21/94 - Ov0
C /HN -t Owa
614 -711 1