PARCEL 107.03 SUBORDINATION OF CITY UTILITY INTERESTS
INS T il 9 4 - 1 7 4 2 4 0
JUN 14, 1994 6:59PM
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I PINELLAS COUNTY FLA.
~~F.REC.BK 8698 PG 1113
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This instrument prepared by, or
under the directiorgf
. Kenneth G. Wing
Assistant Geneial CO!Jnse
Department of Tran portation
11201 N. Malcolm M Kinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S . R. NO.:
COUNTY
SECTION :
107.03
7117045
55
PINELLAS
15150-2566
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FLORIDA DEPT. OJ. TRANSPORTATION
ATTN: M.S. 7-900,RIGHT OF WAY
J\lARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
Legal Des~i~ion Approved: ,/ /~, /Z~
Date: ;l 8. 9?/ By: A/~ //~
i W.r1 II ~ bJ
f- w ~ t-- I t'l l;i J SUBORDINATION OF CITY UTILITY INTERESTS
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THIS AGREEMENT, entered into this ~ day of ~y'\e ,199:{, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the CITY
OF CLEARWATER , a municipal corporation, hereinafter called City.
WIT N E SSE 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 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 FOOT 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:
Survey of a parcel of land in SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, further
described as follows: Begin at the Northeast corner of SECTION 18, TOWNSHIP 29 SOUTH, RANGE
16 EAST, and run N. 89 deg. 39'14"W., along the northerly line of said Section 18,- 102.01
feet; thence S. 01 deg. 03'04" W., 1,464.41 feet to a point on the west right-of-way line
of U. S. Highway 19, said point also being the P.O.B., thence along said right-of-way line
for the next three calls beginning S. 01 deg. 03'04" W., 115.71 feet; thence S. 02 deg.
22'40" W., 256.12 feet; thence S.OO deg. 31'19" E., 34.29 feet; thence N. 88 deg. 56'56"
W., 510.98 feet; thence N. 01 deg. 03'04" E., 543.22 feet; thence S. 89 deg. 40'58" E.,
474.15 feet to a point on said West right-of-way line of U.S. Highway 19; thence along said
right-of-way for the next three calls beginning along a curve to the east, having a radius
of 238.00 feet, arc 46.95 feet, chord 46.88 feet, chord bearing S.18 deg. 17'45"E., thence
S.23 deg. 56'56" E., 19.72 feet; thence along ~ curve to the west having a radius of 192.00
feet, arc 83.77 feet, chord 83.11 feet, chord bearing S.11 deg. 26'56" E., to the P.O.B.
PARCEL 107.03
PAGE 1
KARLEEN F. DEBLAKER, CLERK
RECORD VERI FlED BY: /"'//Y]'"
CO-Oy Y-Ci3 (c.4)
PINELLAS CUUNli rLM.
OFF.REC.BK 8698 PG 1114
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This instrument prepare by, or
Undsf(ew, ~~Rcr io f
Assistant G2n~~ral Counse
Lying within the following described boundary, to~wit:
Commence at a 5/8" iron rod no. LB-33 marking the Northwest~orner of the Northeast 1/4
of Section 18, Township 29 South, Range 16 East,Pinellas County, Florida, run thence
S.89039'46"E., a distance of 2671.71 feet along the North boundary of the Northeast 1/4
of said Section 18 to the Northeast corner thereof; thence S.01003'38"W., a distance of
1323.10 feet along the East boundary of the Northeast 1/4 of said section 18; thence
N.88056'22"W., a distance of 143.78 feet to the existing West right-of-way line of U.S.#19
per D.O.T. Section 15150-2512 and the POINT OF BEGINNING; thence along said right-of-way
line the following six (6) courses: 1) Southeasterly, 46.72 feet along the arc of a curve
to the left, having a radius of 238.00 feet and a central angle of 11014'48" (chord bearing
S.18018'58"E., 46.64 feet) to a point of tangency; 2) S.23056'22"E., a distance of 19.72
feet to a point of curvature; 3) Southerly, 83.78 feet along the arc of a curve to the
right, having a radius of 192.00 feet and a central angle of 25000'00" (chord bearing
S.11026'22"E., 83.11 feet) to a point of tangency; 4) S.01003'38''W., a distance of 115.76
feet; 5) S.02023'10"W., a distance of 256.32 feet; 6) S.00029'45''E., a distance of 34.29
feet; thence N.88055'22"W., a distance of 48.02 feet; thence N.06012'2S"E., a distance of
167.22 f!:let; thence N.03055'22"E., a distance of 100.12 feet; thence N.OP48'07"W., a
distance of 283.02 feet; thence S.89039'24"E., a distance of 5.36 feet to the POINT OF
BEGINNING.
Containing 19,114 square feet, more or less
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO O.R.
BOOK/PAGE
CITY OF CLEARWATER 2363/478
EASEMENT
03/23/66
CLEARWATER INNS,
INC.
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 FDOT. 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
PARCEL 107.03
PAGE 2
~L~~LLA~ ~UU~li rL~.
OFF.REC.BK 8698 PC 1115
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This instrument prepare by, or
Under the directio f
. Kenneth G. Winq
Assistant n,:::,.:., ~;. I
'-'_1...,1......1 \JuunSG
Department of Trans
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.
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first above written.
and delivered in
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
WITNESS t)~
PRINT NAME~\=>' ?
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument
June , 1994
OF PRODUCTION for District
was acknowledged before me
, by Kenneth A. Hartmann
VII , who is personally known
as ident;F;c~~ion.
day of
, DIRECTOR
to me or who 11<1" l-'.Luduc~d
this
3rd
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PRINT NAME Deanna L. Al&rnim'~'
Notary Public in and ,for =tl:te, c...
County ~nd, State ~ast.!~.~ci~~sr't~~..'
My Comm~BB ~on Exp~reB: -:: ...' '. ,., h
Serial No., if any: .' -;'~;'("". ~>.,(. ,.:.~:
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Notary Public Stale 01 Florida at LarU:,
My Com~ ExpUes July l~, ,l994~,:.
PARCEL 107.03
PAGE 3
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PINELLAS COUNTY FLA.
fFF.REC.BK 8698 PG 1116
Rita Garvey
Mayor-commissione
CITY OF CLEARWATER, FLORIDA
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El abet~~.~.peptula
C I...y Manager '.,
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Attest: : . I, /1 'J;,~ \
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By:
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ynth'" '. ',<;;oud p, ,<'Gi ty
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BEFORE ME personally appeared Rita Garvey, the Mayoric.ommissioner of the,
above named City, who acknowledged that she executed the foregoing
instrument. She is.personallY known to m~ and did ~ take an oath.
wrTNESS. my hand and o:ficial seal this ~",::y of OE:::::~ ' 1994.
~ Ii A J:J.J a / I t a ^ 11/1) I' / r.1;'A"t, MV ""II.IS.ON 10"'1406 EXPIRES
PrlntjType ~ame: -bf!~-r;e: I( (l); I SCJ/~f.~:J BONOEOTHR~u;R~;~~I~~~URA~CE,INC
Notary PubllC ...".....
STATE OF FLORIDA }
COUNTY OF PINELLAS }
STATE OF FLORIDA }
COUNTY OF PINELLAS }
appeared Elizabeth M. Deptula, the city Manager of the
who acknowledged that she executed the foregoing
personally known to me and did n~take an oath.
official seal this Jk day of 'L!lt1 J t ' 1994,
BEFORE ME personally
above named City,
instrument. She is
WITNESS my hand and
/ir?-X'f~:;:;,< DEN!SE A. WILSON
. _ \ tJ.:' 4"~:} MY COMMISSION H CC 201408 EXPIRES
.I A.J .,.;,,;~~"... June 18, 1996
"'..9[,,';;."-- BONDED THRU TROY fAIN INSURANCE, INC
m and correctness:
If / a", 5.
I City Attorney
J-/7-fe rl'JoY]
PARCEL 107.03
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