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INST # 95- 304180
NOV 30, 1995 2:03PNI
INST #(._95- 279610
NOV '^ 2", 19'9.5. - 4 : 56PM
RESOLUTION 95 -60
PINELLAS COUNTY FLA..
OFF. .B 79
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING CITY -OWNED RIGriT OF WAY EASEMENTS ALONG
SPATE 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;
VOIDING CERTAIN PREVIOUSLY EXECUTED AND RECORDED
SUBORDINATION OF UTILITY INTERESTS AGREEMENTS;
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, with competitive bidding, and for less
than appraised value; and
WHEREAS, the DOT has previously made various applications to
the City for subordination by the City to the DOT of all rights,
title and interest that the City has in certain easements between
State Road 60 and the CSX Transportation right -of -way, and the
applications have been duly considered by the City Commission, the
City interests in the right -of -way easements having been duly
advertised for public hearing, and the various applications having
been duly approved and executed by the City; and
WHEREAS, the DOT has now applied to the City for certain
"corrective" subordination of utility interests to be given to
correct the legal descriptions in those certain subordination
agreements previously approved, executed, and recorded in the
Public Records of Pinellas County, Florida, and this 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 certain
"corrective" subordination of utility interests of City -owned right
of way easements, subject to the reservations of rights by
C'I �Y rF C /ew�t'vr�t��
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 34618.4748
PHONE: 462.6684
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PxNELL•.J COilNTY 5(0
OFF.REC.5K 9178 PG r'
the City as set forth in the "corrective" 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 previously
approved, executed and duly recorded subordination agreements as
are more specifically identified in the "corrective" subordination
of utility interests agreements are hereby declared to be null and
void in all respects. The City Manager is authorized to execute
the 10corrective" 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.
Section 2. The "corrective" agreements authorized to be
executed by the City Manager upon adoption of this resolution are
summarized as follows:
RECORDED AT
DOT PARCEL NO. CITY'S INTEREST BOOK PAGE
117.07CD EASEMENT O.R. 6366 1049
EASEMENT O.R. 6366 1051
EASEMENT O.R 6493 0313
129.04CD EASEMENT O.R. 5458 0245
EASEMENT P.B. 0095 0001
804.07CD EASEMENT O.R. 6366 1051
Section 3. Those certain previously executed subordination
of utility interests agreements executed by the City of Clearwater,
Florida in favor of the DOT, having been duly recorded in the
following Public Records of Pinellas County, Florida, are hereby
declared null and void upon adoption of this resolution:
RECORDED AT
BOOK PAGE DATED
8698 1142 06/03/94
8698 1190 06/03/94
8698 1161 06/03/94
2
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Section 4.
upon adoption.
PINELLAS COUNTY FLA.
OFF.REC.BK 9154 PG 280
This resolution shall take effect immediately
PASSED AND ADOPTED this 19th day of October
Attests :�
Cyn iiGaQeau
Cit C k
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�eazss, the f 1'M e CSty` of
&Gle�rSr U01 1 v Bess' my hwid and
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CITY CLERIC
P. 0. BOX 44L'
C LEEARWATER, FL 34618.4748
FORWARDING &RETURN
POSTAGE GUARANTEED
3
Rita Garvey
Mayor- Commissioner
Y 1995.
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95-60
This instrument p. d 1 ,
or under the diree of
Kenneth G. Wing
�81fg ation
11201 N. Malcolm Mc 'nley Drive
Tampa, Florida 33612
PARCEL 129.04CD
WPI NO. :7117045
S.R. NO.: 55
COUNTY : PINELLAS
SECTION : 15150 -2566
Legal Description Approved:
Date: 03/25/95 Sy: DUANE J. MILK
UTL.04
PINELLAS COUNTY FLA.
OFF.REC.BK 9154 PG 281
EX'IMIT "A"
CORRECTIVE 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 FOOT; 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 benefit% 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 FOOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
That part of:
Lot 1, CLEARWATER "19" COMMERCE PARK, according to plat thereof recorded in Plat Book 95,
page 1, Public Records of Pinellas County, Florida, lying in Section 8, Township 29 South,
Range 16 East, Pinellas County, Florida.
Lying within the following described boundaries, to -wit:
PARCEL 129.04CD
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PAGE 1
95-60
This instrument F. : ?d by,
or under the dire; of
Kenneth G. Wing
Assistant General Counsel
Department of Transpo ation
PINELLAS COUNTY FLA.
OFF.REC.BK 9154 PG 282
PART "A„ RIGHT -OF -WAY
O
Commence at a Pinellas County Engineering Department concrete monument with nail and disk f
marking the Northeast corner of the southwest 1/4 of Section 8, Township 29 South, Range , po
16 East, Pinellas County, Florida; thence N 89 130'59" W, 2714.71 feet along the North 70H
boundary of the Southwest 114 of said Section 8 to the Northwest corner of the Southwest n M
1/4 of said Section 8; thence S 00 154'50" W, 780.11 feet along the West boundary of the : r
Southwest 1/4 of said Section 8; thence S 89 °44'11" E, 130.02 feet to the East right -of -way t-1
line of U.S. #19, and the Northwest corner of Lot 1 of CLEARWATER "19" COMMERCE PARK, En
according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records w
of Pinellas County, Florida; thence along the North boundary of said Lot 1, S 89 °44111 11,E, � O
150.81 feet; thence S 37 °08'45" E, 84.69 feet to the point of curvature of a curve concave M a
to the Southwest and having a radius of 50.Q0 feet; thence Southeasterly along the arc of H
said curve 33.45 feet through a central angle of 38 °19141 ", a chord distance of 32.83 feet ,0 4
and a chord bearing of S 17 °56'55" E to the point of tangency of said curve; thence 4)
S 01 °10156" W, 131.58 feet; thence S 39 °29'00" W, 32.62, feet to the POINT OF BEGINNING; t"
thence S 89 °44'08" E, 70.22 feet; thence -S 46 134'42" E, 16.06 feet; thence S 86 °18'25" E, to y
33.39 feet; thence S 00 °15.32" W, 41.55__teet to a point on the North boundary of Lot 2 of m•
said CLEARWATER "19" COMMERCE-PARK; thence along said North boundary, N 89 144140" W, 338.75 W
feet to a point on the Easterly right -of -way line of U.S. #19, said point also being the
Northwest corner of said Lot .2; thence along the Easterly right -of -way line of U.S. #19,
N 00 °57101" E, 38.33 feet; thence S 87 122'30" E, 203.10 feet; thence N 39 °29100" E, 31.79
feet to the POINT OF BEGINNING.
Containing 13,606 square feet, more or less.
AND
PART "B"
WATER STORAGE /MITIGATION AREA
Commence at a Pinellas County Engineering Department concrete monument with nail and disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89 °30'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest
1/4 of said Section 8; thence S 00 054150" W, 780.11 feet along the West boundary of the
Southwest 1/4 of said Section 8; thence S 89 144'11" E, 130.02, feet to the East right -of -way
line of U.S. ,#19, and the Northwest corner of Lot 1 of CLEARWATER "19" COMMERCE PARK,
according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records
of Pinellas County, Florida; thence along the North boundary of said Lot 1, S 89 °44'11" E,
75.00 feet to the POINT OF BEGINNING; thence continue along the North boundary of said Lot
1, S 89 044'11" E, 75.81 feet; thence S 37 °08145" E, 84.69 feet to the point of curvature
of a curve concave to the southwest and having a radius of 50.00 feet; thence Southeasterly
along the arc of said curve 33.45 feet through a central angle of 38 019141 ", a chord
distance of 32.83 feet and a chord bearing of 5 17 158155" E to the point of tangency of
said curve; thence S 01 °10'56" W, 131.58 feet; thence S 39 029'00" W, 64.41 feet; thence
N 87 022130" W, 203.10 feet to a point on the Easterly right -of -way line of U.S. #19; thence
along said Easterly right -of -way line the following three (3) courses: 1) N 00 °57'01" E,
197.18 feet; 2) S 89 004115" E, 30.00 feet; 3) N 00 155145" E, 61.73 feet; thence
S 89 °44111" E, 75.00 feet; thence N 00 155'45" E, 13.00 feet to the POINT OF BEGINNING.
Containing 1.389 acres, more or less. '
AND
PART "C"
PARCEL 129.04CD
RIGHT OF WAY
PAGE 2
This it struntent '" =-zed ,by,
or under the dir,, y
Assistant General Y
i Counsel
Department of Transport ion
piNELLAS COUNTY FLA.
OFF.REC.BK 9154 PG 283
Commence at a Pinellas County Engineering Department concrete monument with nail & disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range O
16 East, Pinellas County, Florida; thence N 89 °30'59" W, 2714.71 feet along the North „y
boundary of the Southwest 1/4 of said section 8 to the Northwest corner of the Southwest b
1/4 of said Section 8; thence S 00 054150" W, 1350.20 feet along the West boundary of the t ZH
Southwest 1/4 of said Section 8 to the southwest corner of the Northwest 1/4 of said n ty
Southwest 1/4; thence S 89 °44'18" E, along the South boundary of said Northwest 1/4 of the
Southwest 1/4, a distance of 99.68 feet to a point on the East right --of -way line of U.S.
019, and the Southwest corner of Lot 2, CLEARWATER "19" COMMERCE PARK, according to map U1
or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas n
County, Florida; thence along the South boundary of said Lot 2, S 89 °44'18" E, 309.10 feet C
to the Southeast corner of said Lot 2 and the POINT OF BEGINNING; thence N 01 08'55' E, Z
51.76 feet along the East boundary of said Lot 2 to a point on a curve concave to the y
Northeast and having a radius of 350.00 feet; thence Southeasterly along the arc of said Vd 4
curve.63.08 feet through a central angle of 10 019135 ", a chord distance of 62.99 feet and
a chord bearing of S 45 °19'57" E to the point of reverse curvature with a curve concave r,
to the Southwest having a radius of 400.00 feet; thence Southeasterly along the arc of said rn >
curve 11.92 feet through a central angle cf 01 °42'24 ", a chord distance of 11.91 feet and
a chord bearing of S 49 038'32" E to a point.on the South boundary of said CLEARWATER 1119"
COMMERCE PARK; thence along said South boundary, N 89 144'18" W, 54.92 feet to the POINT
OF BEGINNING.
Containing 1,334 square feet, more or less.
AND
PART "D"
WATER STORAGE /MITIGATION AREA
Commence at a Pinellas County Engineering Department concrete monument with nail & disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89 130'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest
1/4 of said Section 8; thence S 00 054'50" W, 1350.20 feet along the West boundary of the
Southwest 1/4 of said Section 8 to the Southwest corner of the Northwest 1/4 of said
Southwest 1/4; thence S 89 044118" E, along the South boundary of said Northwest 1/4 of the
Southwest 1/4, a distance of 99.68 feet to a point on the East right -of -way line of U.S.
P19, and the Southwest corner of CLEARWATER "19" COMMERCE PARK, according to map or plat
thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas County,
Florida; thence along the South boundary of said CLEARWATER "19" COMMERCE PARK,
S 89 044118" E, 434.02 feet to the POINT OF BEGINNING; thence continuing S 89 °44'18" E,
146.32 feet along said South boundary; thence N 00 154'56" E, 40.00; thence N 89 °44'18" W,
190.42 feet to a point on a curve concave to the Northeast having a radius of 350.00 feet;
thence Southeasterly along the arc of said curve 47.33 feet through a central angle of
07 °44'54 ", a chord distance of 47.30 feet and a chord bearing of S 46 °37'17" E to the point
of reverse curvature with a curve concave to the Southwest having a radius of 400.00 feet;
thence Southeasterly along the arc of said curve 11.92 feet through a central angle of
01 °42'2411, a chord distance of 11.91 feet and a chord bearing of S 49138'32" E to the POINT
OF BEGINNING.
Containing 6,774 square feet, more or less.
Parcel 129 containing a total of 1.887 acres, more or less.
PAACZL 129.04CD
PAGE 3
11--)-100
This instrument C��ed by,
or under the dire
Kenneth G. Winv
Assistant Gen vat Couns
Department of pffranspof on
PINELLAS COUNTY FLA.
OFF.REC.BK 9154 PG 284
"THIS CORRECTIVE SUBORDINATION OF UTILITY INTERESTS IS BEING GIVEN TO CORRECT THE LEGA
DESCRIPTION CONTAINED IN THAT CERTAIN SUBORDINATION AGREEMENT RECORDED IN OFFICIAL RECORD
BOOK 8698, PAGE 1161 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA DATED nR /n3/94."
RECORDED
NATURE OF
DATE
FROM
TO
O. R.
BOOK/PAGE
ENCUMBRANCE
EASEMENT
12/13/82
FRANK C. KUNNEN,
CITY OF CLEARWATER
5458/245
JR.
EASEMENT
12/20/85
FRANK C. KUNNEN,
CITY OF CLEARWATER
PLAT BOOK
95, Page 1
JR.
PROVIDED that the City has the following rights:
I. 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
adjustment,
hsaid
relocation
FDOT hereby agrees to pay the cost of such alteration,
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 129,04CD
PACE 4
-60
This instrument P14~' ---,red by,
or under the dire `o� /
Kenneth G. Winy 11 A A/
Depa
PINELLAS COUNTY FLA.
OFF.PFC.BX 9154 PG 285
IN WITNESS WHEREOF, the FDOT
hereto has executed this agreement on the day and yea.
0
first above written.
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Signed, sealed and delivered in
STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION
io
the presence of:
By:
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Director
of Production for District VII
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WITNESS
PRINT NAME
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
33612
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TAMPA FL t.,
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WITNESS ON
PRINT NAME
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:
PARCEL 129.04CD
PACE S
q5 -160
IN WITNESS WHEREOF, the said grantor has caused ti.3se presents
to be execute- in its name by its Mayor- Commissioner and its City
Manager, the day and year aforesaid. PINELLAS COUNTY FLA.
OFF.REC.BK 9154 PG 286
Countersigned:
&i6&��a -
ita Garvey, Mayo Commissioner
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
By: �l
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Eliza eth M. Deptula
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City Manager
Cam,
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Attest:
Cy is E. Goudeau, City Clerk
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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 a3 day of � " J 1995.
t*p"!
Y Pp OM MISS YN 1. DRfNtt COMlAISS[ON 0 CC 4G3iM0
V- ' EXPIRES MAY 22,1999
Rotary Public MIMEOTHRI)
Print /type name: f4L�P ATLANTIC CONDING CO., INC,
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. )
WI ESS my han and eal this OLL day of ! 1995.
otar Public OENISEA.WILSON
y u .•, MY CGMMISSION P CC 201408 EXPIRES
Print /type name: 1' June 18, 1996
EON= THNUTROY FAIN INSURANCE, INC.
Approved as to form and legal sufficiency:
Pamela K. Akin, City Attorney PAGE 6
PARCEL 129.04CD
CIS-140
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OFF.REC.BK 9154 PG 287
STREET
Note 'th's s not o sto.ey t
6/12/95 — aN t).
9sul" dr.rj
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I'Xltitait "C "" (1':lrcel Sut)oj- c3ii,aeic>ns to be Voided *)
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PINELLAS COUNTY FLA.
OFF.REC.BK 9178 PG 569
.�
{ PINELLAS COUNTY FLA.
OFF.REC.BK 9154 PIS 288
COUNTY HIGHWAY & MOTOR POOL
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RESOLUTION 95 -60
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;
VOIDING CERTAIN PREVIOUSLY EXECUTED AND RECORDED
SUBORDINATION OF UTILITY INTERESTS AGREEMENTS;
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, with competitive bidding, and for less
than appraised value; and
WHEREAS, the DOT has previously made various applications to
the City for subordination by the City to the DOT of all rights,
title and interest that the City has in certain easements between
State Road 60 and the CSX Transportation right -of -way, and the
applications have been duly considered by the City Commission, the
City interests in the right -of -way easements having been duly
advertised for public hearing, and the various applications having
been duly approved and executed by the City; and
WHEREAS, the DOT has now applied to the City for certain
"corrective" subordination of utility interests to be given to
correct the legal descriptions in those certain subordination
agreements previously approved, executed, and recorded in the
Public Records of Pinellas County, Florida, and this 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 certain
"corrective" subordination of utility interests of City -owned right
of way easements, subject to the reservations of rights by
1
"96- &0
6`
i
the City as set forth in the "corrective" 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 previously
approved, executed and duly recorded subordination agreements as
are more specifically identified in the "corrective" subordination
of utility interests agreements are hereby declared to be null and
void in all respects. The City Manager is authorized to execute
the "corrective" subordination of utility interests agreements to
the DOT in the form attached hereto as EXHIBIT "A ", conveying the i
rights, title and interests of the City in and to the real property '
described therein, in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, including, but
not limited to, the benefits to be obtained from the highway
improvements.
Section 2. The "corrective" agreements authorized to be
executed by the City Manager upon adoption of this resolution are
summarized as follows:
RECORDED AT j
DOT PARCEL NO. CITY'S INTEREST BOOK PAGE 4I
117.07CD EASEMENT O.R. 6366 1049
EASEMENT O.R. 6366 1051
EASEMENT O.R 6493 0313
129.04CD EASEMENT O.R. 5458 0245
EASEMENT P.B. 0095 0001
i
804.07CD EASEMENT O.R. 6366 1051
Section 3. Those certain previously executed subordination
of utility interests agreements executed by the City of Clearwater,
Florida in favor of the DOT, having been duly recorded in the
.following Public Records of Pinellas County, Florida, are hereby
declared null and void upon adoption of this resolution:
RECORDED AT
BOOK PAGE DATED
8698 1142 06/03/94
8698 1190 06/03/94
I
8698 1161 06/03/94
2
7,D 'jdU
Section 4. This resolution shall take effect immediately
upon adoption.
PASSED AND ADOPTED this 19th day of October
Attest:
Cyn#iia Goudeau
Cit Clerk
3
. 1995.
-�Ia Ltl�,O� -
Rita Garvey
Mayor - Commissioner
-&O
Thin instrument pre fed b
or under the directia of
Kenneth G. Wing
D��llnxrlfn�$�
V ion
11201 N. Malcolm Mc nley Drive
Tampa, Florida 33612
PARCEL 129.04CD EXMIT "All
WPI NO. : 7117045
S.R. NO.: 55
COUNTY : PINELLAS
SECTION : 15150 -2566
Legal Description Approved:
Date: 03/25/95 By: DUANE J. MILK
UTL.04
CORRECTIVE 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 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:
Lot 11 CLEARWATER "19" COMMERCE PARK, according to plat thereof recorded in Plat Book 95,
page 1, public Records of Pinellas County, Florida, lying in section 9, Township 29 South,
Range 16 East, Pinellas County, Florida.
Lying within the following described boundaries, to -wit:
PARCEL 129.04CD
PACE 1
rl5 -6th
�T
This instrument pry., ar d by,
or under the direction of
Kenneth G, Wing
Assistant General Counsel
Department_ of Transpo ation
PART "A" RIGHT -OF -WAY
commence at a Pinellas County Engineering Department concrete monument with nail and disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89 130'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest
1/4 of said Section 8; thence S 00 °54150" W, 780.11 feet along the West boundary of the
Southwest 1/4 of said Section 8; thence S 89 044111" E, 130.02 feet to the East right -of -way
line of U.S. 019, and the Northwest corner of Lot 1 of CLEARWATER "19" COMMERCE PARK,
according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records
of Pinellas County, Florida; th.,ce along the North boundary of said Lot 1, S 89 144111 1,E,
150.81 feet; thence S 37 008'45" E, 84_69 feet to the point of curvature of a curve concave
to the Southwest and having a radius of 50.00 feet; thence Southeasterly along the arc of
said curve 33.45 feet through a central angle of 38 119'41 ", a chord distance of 32.83 feet
and a chord bearing of S 17 158.55" E to the point of tangency of said curve; thence
S 01 010'56 W, 131.58 feet; thence S 39 029100" W, 32.62,feet to the POINT OF BEGINNING;
thence S 89044,08" E, 70.22 feet; thence,S 46 °34'42" E, 16.06 feet; thence S 86 118'25" E,
33.39 feet; thence S 00 °15'52- W, 41_55..„teet'to a point on the North boundary of Lot 2 of
-said CLEARWATER "19" COMMERCE.-PARK; thence along said North boundary, N 89 °44140" W, 338.75
feet to a point on the Easterly right -of -way line of U.S. #19, said point also being the
Northwest corner of said Lot,2; thence along the Easterly right -of -way line of U.S. #19,
N 00 °57101" E, 38.33 feet; thence S 87 122130" E, 203.10 feet; thence N 39 129'00" E, 31.79
feet to the POINT OF BEGINNING.
Containing 13,606 square feet, more or .less.
AND
PART "B"
WATER STORAGE /MITIGATION AREA
Commence at a Pinellas County Engineering Department concrete monument with nail and disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89 °30'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest
114 of said Section 8; thence S 00 054'50" W, 780.11 feet along the West boundary of the
Southwest 1/4 of said Section 8; thence S 89 °44111" E, 130.02 feet to the East right -of -way
line of U.S. 019, and the Northwest corner of Lot 1 of CLEARWATER "19" COMMERCE PARK,
according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records
of Pinellas County, Florida; thence along the North boundary of said Lot 1, S 89 044111" E,
75.00 feet to the POINT OF BEGINNING; thence continue along the North boundary of said Lot
1, S 89 °44'11" E, 75.81 feet; thence S 37 008145" E, 84.69 feet to the point of curvature
of a curve concave to the Southwest and having a radius of 50.00 feet; thence Southeasterly
along the arc of said curve 33.45 feet through a central angle of 38 01914111, a chord
distance of 32.83 feet and a chord bearing of S 17 058155" E to the point of tangency of
said curve; thence 5 01 010'56" W, 131.58 feet; thence S 39129'00" W, 64.41 feet; thence
N 87 °22'30" W, 203.10 feet to a point on the Easterly right -of -way line of U.S. 019; thence
along said Easterly right -of -way line the following three (3) courses: 1) N 00 °57101" E,
197.18 feet; 2) S 89 °04'15" E, 30.00 feet; 3) N 00 °55'45" E, 61.73 feet; thence
S 89 044'11" E, 75.00 feet; thence N 00055'45" E, 13.00 feet to the POINT OF BEGINNING.
Containing 1.389 acres, more or less.
AND
PART "c"
PARCEL 129.04CD
RIGHT OF WAY
PAGE 2
95 -6
This instrument pz6�-Aed by,
or under the direction o
Kenneth G. Wing
Assistant General Counsel
Department of Transport ion
Commence at a Pinellas County Engineering Department concrete monument with nail & disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89 °30'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said section 8 to the Northwest corner of the Southwest
1/4 of said Section 8; thence S 00 054'50" W, 1350.20 feet along the West boundary of the
Southwest 1/4 of said Section 8 to the Southwest corner of the Northwest 1/4 of said
Southwest 1/4; thence S 89 °44118" E, along the South boundary of said Northwest 1/4 of the
Southwest 1/4, a distance of 99.68 feet to a point on the East right -of -way line of U.S.
#19, and the Southwest corner of Lot 2, CLEARWATER 1119" COMMERCE PARK, according to map
or plat thereof, recorded in Plat Hook 95, Page 1, of the Public Records of Pinellas
County, Florida; thence along the South boundary of said Lot 2, S 89 044 118" E, 379.10 feet
to the Southeast corner of said Lot 2 and the POINT OF BEGINNING; thence N 01 008155" E,
51.76 feet along the East boundary of said Lot 2 to a point on a curve concave to the
Northeast and having a radius of 350.00 feet; thence Southeasterly along the arc of said
curve.63.08 feet through a central angle of 10,19'35 ", a chord distance of 62.99 feet and
a chord bearing of S 45 °19'57" E to the point of reverse curvature with a curve concave
to the Southwest having a radius of 400.00 feet; thence Southeasterly along the arc of said
curve 11.92 feet through a central angle of 01 °42'24 ", a chord distance of 11.91 feet and
a chord bearing of S 49 038'32" E to a point.on the South boundary of said CLEARWATER 1119"
COMMERCE PARK; thence along said South boundary, N 89 044118" W, 54.92 feet to the POINT
OF BEGINNING.
Containing 1,334 square feet, more or less.
AND
PART "D"
WATER STORAGE /MITIGATION AREA
Commence at a Pinellas County Engineering Department concrete monument with nail & disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89 030'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest
1/4 of said Section 8; thence S 00 054'50" W, 1350.20 feet along the West boundary of the
Southwest 1/4 of said Section 8 to the Southwest corner of the Northwest 1/4 of Bald
Southwest 114; thence S 89 °44118" E, along the South boundary of said Northwest 1/4 of the
Southwest 1/4, a distance of 99.68 feet to a point on the East right -of -way line of U.S.
119, and the Southwest corner of CLEARWATER "19" COMMERCE PARK, according to map or plat
thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas County,
Florida; thence along the South boundary of said CLEARWATER "19" COMMERCE PARK,
s 89 044'18" E, 434.02 feet to the POINT OF BEGINNING; thence continuing S 89144'18" E,
146.32 feet along said South boundary; thence N 00 154'56" E, 40.00, thence N 89 144'18" W,
190.42 feet to a point on a curve concave to the northeast having a radius of 350.00 feet;
thence Southeasterly along the arc of said curve 47.33 feet through a central angle of
07 044154 ", a chord distance of 47.30 feet and a chord bearing of S 46037117" E to the point
of reverse curvature with a curve concave to the Southwest having a radius of 400.00 feet;
thence Southeasterly along the arc of said curve 11.92 feet through a central angle of
01 042124 ", a chord distance of 11.91 feet and a chord bearing of S 49 038'32" E to the POINT
OF BEGINNING.
Containing 6,774 square feet, more or less.
Parcel 129 containing a total of 1.887 acres, more or less.
PARCEL 129.04CD
PAGE 3
t1 c -400
This instrument pr rVon
or under the directio
Kenneth G. Wing
Assistant Gen@ral Couns
Department of Transpo
1
"THIS CORRECTIVE SUBORDINATION OF UTILITY INTERESTS IS BEING GIVEN TO CORRECT THE LEGAL
DESCRIPTION CONTAINED IN THAT CERTAIN SUBORDINATION AGREEMENT RECORDED IN OFFICIAL RECORD
BOOK 8698, PAGE 1161 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA DATED 0LJa 194."
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
EASEMENT
12/13/82
FRANK C. KUNNEN,
JR.
EASEMENT
12/20/85
FRANK C. KUNNEN,
JR.
PROVIDED that the city has the following rights:
TO t 0. R.
CITY OF CLEARWATER ( 5458/245
CITY OF CLEARWATER i PLAT BOOK
95, Page 1
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 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 FOOT's
facilities.
4, The City agrees to repair any damage to FOOT facilities and to indemnify the FOOT
against any loss or damage resulting from the city exercising its rights outlined
in Paragraphs 1 and 3 above.
PARCEL 129.04CD PAGE 4
(1, - (OU
Thin instrument p'- Nred by,
or under the direc, on o
Kenneth G. Wing
Assistant General Counsel
Department of Transport ion
IN WITNESS WHEREOF, the FDOT hereto has executeu 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 129.04CO
PACE 5
r-1 5 - -,&o
F" i
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:
ita Garvey, Mayo Commissioner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLO�IDA
By : �l
Eliza et�M. Deptu la
City Mang
Attest:
Cy is 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 a3 d y of �-�`� , 1995.
C tiOY P&,
o � C S V L.
COMMISSION q CC 411304
0
Notary Public EXPIRE BONDEDNDEOY22,19)�ff
� THRU
Print /type name: QF4L�P ATUWICSONDItIG CO" INC,
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. `
WI ESS my han and eat this 'day of 1995'
l
• '• "r6 °•- DENISE A. WILSON
otary Publ G < _ MYCOh1MiSSVONNCC201 -0 08IXPfflES
Print /type name: ,>?.' June 18, 1996
�!r:if ��F'• 26I;OEOIRRU TROY EA{N iNSURAHCE, ItY.,.
Approved as to form and legal sufficiency:
Pamela K. Akin, City Attorney PAGE 6
PARCEL 129.04CD
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Note: Thie is not a survey !
6/12/95 - S.V.D.
95061c.d,.g
(Parcel Subordinations to