SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 809.04
This instrument prepared by I
or under the directio
Kenn&lh G, Wing
Assistant General Counsel
Department of Transpo
11201 N. Malcolm McKi
Tampa, Florida 33612
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809.04
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PINELLAS
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PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1278
Legal Description Approved:
Date: 07/08/94 By: Dianne M.
UTL.04
INST # 94-287980
OCT 17, 1994 7:12PM
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~ day of nrJ- ,199..1, 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 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 FOOT 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 2 and 3 of THE CLEARWATER COLLECTION - SECOND REPLAT according to the map
or plat thereof as recorded in Plat Book 107, Page 24, of the public records
of pinellas County, Florida, lying in Section 7, Township 29 South, Range 16
East, Pinellas-County, Florida.
Lying within the following described boundary, to-wit:
Commence at a S/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.89039'46"E., a distance of 2,671.71 feet along the South
boundary of the Southeast 1/4 of said Section 7 to the Southeast corner
thereof; thence N.00D54'50"E., a distance of 450.04 feet along the East
boundary of the Southeast 1/4 of the Southeast 1/4 of said Section 7; thence
N.89039'39"W., a distance of 100.47 feet to the southeast corner of Lot 4 of
PARCEL 809.04
6/
FLORIDA DEPT. OF TRANSPORTATION
ATTN: M.S, 7_900,RlGHT OF WAY
MAR1A CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAMP A, FLORIDA 33612-6403
PAGE 1
";hiS ':~strument prepared b I
or under th~ d~rect'
Kenneth G. Wing
Assistant General Counsel l!:,
Department of Transpo tation
I
PINELLAS COUNTY FLA.
PC 1279
OFF.REC.BK 8813
the THE CLEARWATER COLLECTION - SECOND REPLAT, according to map or plat
thereof, recorded in Plat Book 107 Page 24, Public Records of Pinellas County,
Florida and the existing West right-at-way line of U.5.#19; thence
N.00'51'34"E., a distance of 46.50 along the East boundary of said Lot 4 to
the southeast corner of Lot 3 of said THE CLEARWATER COLLECTION - SECONO
REPLAT; thence N.89'33'10"W., a distance of 54.25 feet along the South
boundary of said LOT 3, THE CLEARWATER COLLECTION - SECOND REPLAT; thence
N.00'54'50"E., a distance of 40.00 feet to the POINT OF BEGINNING; thence
continue N.OooS4'SO"E., a distance of 49.79 feet to a point of curvature;
thence Northerly, 19.28 feet along the arc of a curve to the right, having a
radius of 7664.44 feet and a central angle of 00'08'39" (chord 'bearing arid
distance of N.OQo59'09"Eq 19.28 feet); thence N.8900S'lO"W., a distance of
30.81 feet; thence S.00'54'50"W., a distance of 40.32 feet; thence
S.39043'04"E., a distance of 37.95 feet; thence s.89033'lO"E., a distance of
6.08 feet to the POINT OF BEGINNING.
containing 1,772 square feet, more or le5s.
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 09/15/87 MAURICE A. ROTHMAN CITY OF CLEARWATER 6605/82
PLATTED 04/12/91 CLEARWATER CITY OF CLEARWATER PLAT BOOK
EASEMENT COLLECTION 107/24
ASSOCIATES, LTD.
EASEMENT 09/15/87 MAURICE A. ROTHMAN CITY OF CLEARWATER 6698/907
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
FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate easements.
2a 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 rightsa
3a 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,
PARCEL 809.04
PAGE 2
This instrument prepared
or under the directi
Kenn~th G. Wing
Assistant General Counsel
Department of Transp
,I
I
PINELLAS C
OFF.REC BK OUNTY FLA.
. 8813 PG 1280
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.
WITNESS
PRINT NAME
in
STATE
VII
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By:
Direc
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
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COUNTY OF HILLS BOROUGH
The foregoing instrument was acknowledged before me this 3rd day of
Oct. , 199 4 , by Kenneth A. Hartmann , DIRECTOR
OF PRODUCTION for District VII , who is personally known to me c... ..he Ras El~6a~~~d
""5..... ~.rl......~tifi..."'+-~.......... J
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PRINT NAME Deanna L. Alderman
Notary Public in and for the
County and state last aforesaid.
My Commission Expires:
Serial No., if any:
EANW' L j\\.OERtAAN
,'''1'~'''',. 0 '..\0' N I CC 3111971
....,"'..."0" l/I~ C01oIl/I~ 998
i5;&,'\ EllP\I\E5: JulY \7. :_~..~
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PARCEL 809.04
PAGE 3
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STATE OF FLORIDA
COUNTY OF PINELLAS
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PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1281
CITY OF CLEARWATER
By:
~k~d
Eli eth M. eptula
city Man?-.9_E;F,j':I,
issioner
" ' " . . ~ .
Attest:
G01:19~aU, ".
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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 rne~
" .o:t;
WITNESS my hand and~ffiCial seal this~day of _~ .......J7~~ 1994.
, _ r;f.~ rr--
Notary Public
Print/type name: AROLYN L BRINK
Notary Public, State of Florida
My conun, expires May 22, 199ij
~ No. CC 111741
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 rne~
WITNESS my hand and official seal this~l~ of ~~~..tJ...-J .1994.
~AA..J rJ' ~. ~~
CAROLYN L I\IINI(
Notary Public, Slala of Flol'llln
1I/lJ. <OIIlID. ~plt.. May n, lD~~
0lIImQ, .. 00 mw <"".
Notary Public
Print/type name:
correctness:
PARCEL 809.04
Attorney
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