SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 143.04
,;"
r
I
INST # 94-298548 I
OCT 27, 1994 7:15PM
This instrument prepared by, or
under the direction o~
Kenneth G. Wing
Assist~f't G""",.....,! .~- ...",,!
Department of Transport tion
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO. :
S . R. NO.:
COUNTY
SECTION :
143.04
7116917
586
PINELLAS
15009-2540
Legal
Date:
Description Approved:
JUNE 6 1994 \Y\:
\{, ~~
~t6
8\\. en I- \ (/)
W - II: w~ ~ (ijo:
II:tJ~(/)I-S:2w
ocr:ClCl~o..O
MELTON ~
UTL.04
PINELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 2056
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this '2.4 day of Oc:.+t>be~ , 199A, 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.
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 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:
A parcel of land located in Lot 82, 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 89050'37" East, 467.34 feet along the South boundary of the
Northwest 1/4 of said Section 17 to a point on the West lot line of said Lot 82; thence
North 00024'05" West, 256.39 feet along said West lot line of said Lot 82 to a point on
the Southerly existing right-of-way line of State Road 586 (Curlew Road); thence along said
existing Southerly right-of-way line South 69023'26" East, 201.90 feet to the POINT OF
PARCEL 143.04
I~'
FLORIDA DEPT. OF TRANSPORTATION
DISTRICf VII R/W OFFICE, M.S. 7-900
BONNIE mLLlARD, R/W SPECIALIST
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
PAGE 1
, '-.c'
! t
",
I
tINELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 2057
. ,
This instrument prepared by, or
Under the direction of
ASSj~;~~~~~~~<l~hn~unSel \( A J
Department of Transpo~a~ion
BEGINNING; thence continuing South 69023'26" East, 347.83 feet along the existing Southerly
right-of-way line of State Road 586 (Curlew Road) to a point on a non-tangent curve to the
left; thence 215.75 feet along the arc of said curve being the existing Southerly right-of-
way line of State Road 586 (Curlew Road) whose radius is 1969.86 feet, central angle is
06016'32" and has a chord bearing and distance of South 72030'01" East, 215.65 feet; thence
North 89050'37" West, 17.25 feet to a point on a non-tangent curve to the right; thence
248.54 feet along the arc of said curve whose radius is 2217.90 feet, central angle is
06025'15" and has a chord bearing and distance of North 74012'25" West, 248.41 feet; thence
North 70059'48" West, 290.59 feet; thence North 00026'51" West, 25.00 feet to the POINT
OF BEGINNING.
Contains 8148 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
EASEMENT
DATE
FROM
TO
O.R.
BOOK/PAGE
PB 80/40
03/21/84
WILLIE M. BREWTON
CITY OF CLEARWATER
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
PARCEL 143.04
PAGE 2
. "
I
I PINELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 2058
,
This instrument prepar2e.dbY. or
Under the direction 0
Kenneth G. Wing
Assistant General Counsel'
Department of Transpor ation
against any loss or damage resulting from the City exercising its rights outlined
in Paragraphs 1 and 3 above.
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:
5t::- (1. l:.J-ll
WITNESS .-=:::::.11 J -r:-
PRINT NAME~~c" _. I idwe\ \
'--R I ~J--\-
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing
October
OF PRODUCTION
instru~ent was l~~~~fiei~e~ar~e me this 24 day of
, 199 , by , DIRECTOR
for District VII , who is personally 'known to me"b... \lAe Ailg preal:leed
-ae lacfi~ifiga~;on.
~~cJ
PRINT NAME ueanna L. Alderman
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
,"""'" DEANNA l AlDERMAN
.:-..:t)"1\'t.fP~..-;. .
~.:~:.~ MY COMMISSION' CC 381971
~ ~~'l EXPIRES: July 17. 1998
"'';f.,9f.. . ~~" Bonded Thru NolaIy PublIc UndeIwIll8rs
PARCEL 143.04
PAGE 3
,,("
I
~INELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 2059
This instrument..prepare~bY
Under ~nt!h:6Je~1lOl of
Assistant Gf?'1s;a'::;ounsel
Department of Transport ion
or
COUNTY OF PINELLAS
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
its Board of City Commissioners acting by the Chairperson or Vice-Chairperson of
d, the day and year aforesaid.
ATTEST:
CITY OF CLEARWATER , Florida,
By Its City Council
PRINT NAME
Clerk
By:
Its Chairperson (or Vice-Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
The foregoing instrument was acknowledged
, 199 , by
(or Vice-Chairperson) of the CITY OF CLEARWATER
personally known to me or who has produced
this day of
, Chairperson
City Council, who is
as identification.
PRINT NAME
Notary Public in
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 143.04
PAGE 4
~.,.. u
. .
. .
I
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 2060
CITY OF CLEARWATER
By:
~hr~-
Eliz thM... D~pt,uilalrl
,. "1
,city,M~nageJ;)!: //"
. ~ l I
,. ;) ~ o. . iii . J
"
'.
,
~ . '..
Attest:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
~
BEFORE ME, the undersigned, personally appeared Rit~&arvey, the Mayor-
Commissioner of the City of Clearwater, Florida, who ex~cuted 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 ~ perso~~~~~nown/~~ me.
WITNESS my hand and official seal thi~day Of~~ ' 1994.
Cau~A~~~R~
'Notarv Public, State of Florida
!4Y comm. explIe5 1Vlay 22, 1885
ComJD. No. cc 111741
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~(~y of ~, 1994.
C~~~
CAROLYN L. IRINIC
~~~~~~:~RM31 ~lL~-
Canm;. No. ce unl>>
Notary Public
Print/type name:
PARCEL 143.04
PAGE 4
. .
PINELLAS COUNTY FLA.
1FF.REC.BK 8824 PG 2061
,1""7 1'=::~
, . ~
.
''-.' :.' ,-
~
06 '~J'J
N n L()
~ <<;!- <<;!- <D
~ J'..
~ co
~
[XJ J'.. <D
.~O
Q::'
0 N 0'
N N N
>.
(lJ
>
... .
:J 0
U1 ;>
o m c>
~ 3:
g I ~
3:
({J "<t W
',- (J) -'
({J""--O::
,- t") :J
f":~u
CX)
w 0
c-
o
z
J'.. LO
--,
L()
CD
~ I
CD
OJ
'lS
r"--......... 1 NO 1^1nV::l8
I ---
I
~I
I
L___
ro
L() ~
co
'lS
n N
'Nl 3~OHS 3>Nl
~