95-6�IAvC7
INST # 95- 006826 PINELLAS COUNTY FLA.
JAN 10, 1995 3:49PM OFF.REC.BK 8887 PG 2127
RESOLUTION 95 -6
RECORDING
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
°'ajDw DECLARING CITY -OWNED RIGHT OF WAY EASEMENTS ALONG
STATE ROAD 55 (U. S. HIGHWAY 19) BETWEEN STATE ROAD
C?^ 60 (GULF -TO -BAY BOULEVARD) AND THE CSX TRANSPORTATION
RIGHT -OF -WAY SURPLUS FOR THE PURPOSE OF SUBORDINATING
�v•i "'" " - 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
t a OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE
WHEREAS, the State of Florida, Department of Transportation
- "'(i'ierein the "DOT "), proposes to construct or improve State Road 55
Q 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, and without competitive bidding; 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 subordination 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 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, ,-T. "'
CST,, r,
CLPAMV, "MEM, FL 3 1:J i u ait °u
Ar 'A
PINELLAS COUNTY FLA.
t OFF.REC.BK 8387 PG 2128
Section 2. The agreements authorized to be executed by the
City Manager upon adoption of this resolution are summarized as
follows:
FDOT RECORDED AT
EXHIBIT PARCEL NO. CITY'S INTEREST BOOK PAGE
A 118.05 Blanket Water Main O.R.5458 0245
Installation and
Maintenance Easement P.B.0095 0001
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 501 day of January , 1995.
Attests :( s �Q
Cyn is E. Goudeau, City Clerk
}
Res95 -6.ewb
Rita Garvey, Mayor -Comm sioner
T hereby certify that this is 1'�rde •and
correct copy o the on�+until ' it
apppears in. the .files of.=the ;C�ty of.'
Clearwater. Witness'my hand and
official seal of the City bf �learwtttss:
Tbis 1001 dny of Y8
- riy„eG-
-��k
This instrument p: ared by,
or under the directio f
Kenneth G. Wing
Assistant General Counsel
Department of 'Transpor ation
11241 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 118.05
WPI No. 7117045
S.R. No.: 55
COUNTY : PINELLAS
SECTION : 15150 -2566
EXHIBIT "A"
Legal Description Approved:
Date: 12/011,94 By: DIANNE H. COLLINS
UTL.04
PINELLAS COUNTY FLA.
OFF.REC.BK 8887 PG 2129
C O R R E C T I V E
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 L 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 FOOT 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:
Lot 2, CLEARWATER "19" COMMERCE PARK, according to plat thereof hen Section rdedoinshipt2Book 95,
Page �, Public Records of Pinellas County, Florida, lying
Range 16 East, Pinellas County, Florida.
Containing 2.267 acres, more or less.
THIS SUBORDINATION 15 GIVEN TO CORRECT THE LEGAL DESCRIPTION I14 VIAT CERTAIN SUBOAD114ATI014
RECORDED IN O.R. BOOK 8698, PACE 1146, PUBLIC RECORDS OF P111BLLAS COUNTY, FLORIDA.
YACi✓ 1
PARCEL
This instrument prepared by,
or under the directio �tti,n
Kenneth G. Wing
Assistant Genera! CounsA
Department of Transpor
RECORDED
PINELLAS COUNTY FLA.
OFF.REC.BK 8887 PG 2130
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK /PAGE
EASEMENT
12/13/82
FRANK C. KUNNEN,
CITY OF CLEARWATER
5458/245
JR
EASEMENT
12/20/85
FRANK C. KUNNEN,
CITY OF CLEARWATER
PB 95/1
JR. and DWAYNE
HAWKINS
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 l and 3 above.
PARCEL 118.05 PAGE 2
�73"'�!
This instrument p —pared by,
or under the direction o
Kenneth G. WIn9 PINELLAS COUNTY FLA.
Assistant General Counsel OFF . REC . BK 8887 PG 2131
Department of Transporta ion
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 116.05
PAGE 3
This instrument p_,pared by,
or under the direction
Kenneth G. Wing
ASsisl�nl rnn?raf Crni�sR4
Department of Transporta 'on
PINELLAS COUNTY FLA.
OFF.REC.BK 8887 PG 2132
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
by its Board of City Commissioners acting by the Chairperson or Vice - Chairperson of
Doard, the day and year aforesaid.
ATTEST:
PRINT NAME
Clerk (or Deputy Clerk)
STATE OF FLORIDA '
COUNTY OF PINELLAS
CITY OF CLEARWATER , Florida,
By Its City Council
By:
Its Chairperson (or Vice - Chairperson)
PRINT NAME
ADDRES
The foregoing instrument was acknowledged before
, 199 , by
(or Vice - Chairperson) of the CITY OF CLEARWATER Florida
personally known to me or who has produced
$AI2ML 118.05
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:
PIKE 4
%f I4,
14
PINELLAS COUNTY FLA.
OFF.REC.BK 8887 PG 2133
IN WITNESS WHEREOF, the said grantor has caused these presents
to be executed in its name by its Mayor- Commissioner and its City
Manager, the day and year aforesaid.
Countersigned;
Rita Garvey, Mayor -- Commissioner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula
City Manager
Attest:
Cynthia E. Goudeau, City Clerk
BEFORE ME, the undersigned, personally appeared Rita Garvey,
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 seal this ` day of
Notary Public
Print /type name:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
1995.
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 seal this day of
Notary Public
Print /type name:
Approved as to form and legal sufficiency:
tdiles A. Lance, Assistant City Attorney
PARCEL 118.65
1995.
PAGE 9
PINELLAS COUNTY FLA.
OFF.REC.BK 8887 PG 2134
COUP11T 11101WAY &- MOIOR POOL
A-AE-7
Carpenter field
Jrf L
EARWX ER- 19" COIJ6(ERCE PARK
P,I. R.
.......... .. - - -------
WE CLE:PRW,%TER C4LLFCTION! a
SECOND REPLAT LJ J,/u2
0
IV
M-25
It 1,, ..,..y
J
_t
RESOLUTION 95 -6
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 11DOT "), 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, and without competitive bidding; 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 subordination 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 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 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.
5�--ak
Section 2. The agreements authorized to be executed by the
City Manager upon adoption of this resolution are summarized as
follows:
FDOT RECORDED AT
EXHIBIT PARCEL NO. CITY'S INTEREST BOOK PAGE
A 118.05 Blanket Water Main O.R.5458 0245
Installation and
Maintenance Easement P.B.0095 0001
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 5th day of January , 1995.
Attest:
Cyn is E. Goudeau, City Clerk
Aes95 -6.ewb
Rita Garvey, Mayor -Comm sioner
f3- >D6
This instrument prepared by,
or under the directio f
Kenneth G. Wing
Aeslslanl General Counsel
Department of Transpor ation
11201 4. Malcolm McKinley Drive
Tampa,- "Florida 33612
EXHIBIT "A"
PARCEL : 118.05
WPI NO. : 7117445
S.R. KO.: 55
COUNTY : PINELLAS
SECTION ; 15150 -2566
Legal Description Approved:
Date: 12/01/94 By: DIANNE M. COLLINS
UTL.04
C O R R E C T I V E
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 U:
'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, wiz:
Lot 2, CLEARWATER "19" COMMERCE PARK, according to plat thereof recorded in Plat Book 95,
Pagg Public Records of Pinellas County, Florida, lying in Section 8, Township 29 South,
Range 16 East, Pinellas County, Florida.
Containing 2.267 acres, more or less.
THIS SUBORDINATION IS GIVEN TO CORRECT THE LEGAL DESCRIPTION IN THAT CERTAIN SUBORDINATION
RECORDED IN O.R. BOOK 8698, PAGE 1148, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARC?L 118.05 PACE 1
This instrument prepared by,
or under the directio f
Kenneth G. Wing
Assistant Genesat (:Guns
Department of Transport tion
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK /PAGE
EASEMENT
12/13/82
FRANK C. KUNNEN,
CITY OF CLEARWATER
5458/245
JR
EASEMENT
12/20/85
FRANK C. KUNNEN,
CITY OF CLEARWATER
PB 95/1
JR. and DWAYNE
HAWKINS
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 FOOT's current minimum standards for such facilities
as required by the FOOT, 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 FOOT. Should the FOOT 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
FOOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the coat 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 .l 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 FOOT's
facilities.
4. The City agrees to repair any damage to FOOT facilities and to indemnify the FOOT
against any lags or damage resulting from the City exercising its rights outlined
in Paragraphs 1 and 3 above,
PARCEL 118.05 PAGE 2
This instrument prepared by,
or under the direction o
Kenneth G. Wing
Assistant General Counsel
Department of Transporta ion
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
the presence of:
By:
Director of Production for District VII
WITNESS
PRINT NAME
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
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 11£4.05
PAGE 3
r
This instrument prepared by,
or under the direction
Kenneth G. Wing
ASSSSIAM C, -nrrnl rnnn1A1
Department of Transporta on
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
by its Board of City Commissioners acting by the Chairperson or Vice- Chairperson of
board, the day and year aforesaid.
ATTEST CITY OF CLEARWATER , Florida,
By Its City Council
PRINT NAME
clerk (or De ty Clerk) By;
Its Chairperson for Vice- Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was
, 199
(or Vice-Chairperson) of the CIT
personally known to me or who has proc
PARCEL 118.05
acknowledged before this day of
by , Chairperson
OF CLEARWATER , Florida, City Council, who is
,-A as identification.
PRINT NAME N
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PACE 4
c%�- "a�
IN WITNESS WHEREOF, the said grantor has caused these presents
to be executed in its name by its Mayor- Commissioner and its City
Manager, the day and year aforesaid.
Countersigned:
Rita Garvey, Mayor - Commissioner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula
City Manager
Attest:
Cynthia E. Goudeau, City Clerk
BEFORE ME, the undersigned, personally appeared Rita Garvey,
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 seal this day of , 1995.
Rotary 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 seal this day of
Notary Public
Print /type name:
Approved as to form and legal sufficiency:
Miles A. Lance, Assistant City Attorney
PARCEL 118.05
1995.
RAGE 4
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Carpenter Field
c N EARIYA&ER- 19`• COMMERCE�� I
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