SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 115.02
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This inBtrum~nt prepared by, or
under ..the ldi.rection o~.
Kennen I.:i. wIng
Assistant Genf;r~1 f"\:!)! )~~~I
Department of Transpo tat ion
11201 N. Malcolm McKi ley Drive
Tampa, Florida 33612
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INST # 94-287922
OCT 17, 1994 6:36PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1116
PARCEL
WPI NO.
S.R. NO.:
COU~TY
SECTION
115.02
7117045
55
PINELLAS
15150-2566
TOTAL
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tegal Descripti~ Approved:
Date: 06/30/94 By: DIANNE
UTL.04
M. COLLINS
.),'
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.
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 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, THEREFOP~, in cQnsideration of the mutual covenants "and promises of the parties
he~eto, City and FOOT agree as. follows:
..,-t. City hereby subordinates to the interest of FDOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
Part nA"
Commence at a parker kalon nail and disk marked LB 148 marking the Northwest
carner of the Northeast 1/4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida, run thence S.89052'05"E., a distance of 2689.88 feet
along the North boundary of the Northeast 1/4 of said Section 7; thence
S.00054'50''W., along the East boundary of the Northeast 1/4 of said Section
7, a distance of 730.58 feet; thence N.8900S'10"W., a distance of 100.00 feet
to the West right-Of-way line of U.S. Highway No. 19 for a POINT OF BEGINNING;
thence S.000S4'SO"W., along said West right-Of-way line, a distance of 289.60
feet; thence N.89005'10"W., a distance of 26.72 feet; thence Northerly, 289.84
feet along the arc of a curve to the right having a radius of 7649.44 feet,
a central angle of 02010'16", and a chord bearing and distance of
N.01020'41"W., a distance of 289.83 feet; thence S.89005'10"E., a distance of
38.15 feet to the POINT OF BEGINNING.
Containing 9,658 square feet, more or le~s.
PARCEL 115.02
~ [FLORIDA DEPT. OF TRANSPORTATION
_/. ATTN: M.S. 7-900. RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N, MALCOLM MCKINLEY DR.
TAMPA. FLORIDA 33612-6403
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PAGE 1
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This instrument prepared
Under the direction 0
Kennelh G, Wing
Assistant General Counsel
Department of Transpo tat ion
PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1117
Part "B"
Commence at a parker kalan nail and disk marked LB 148 marking the Northwest
corner of the Northeast 1/4 of Section 7, Township 29 South, Range 16 East,
Pine11as County, Florida, run thence S.89052'05"E., a distance of 2689.88 feet
along the North boundary of the Northeast 1/4 of said Section 7; thence
S~Ooo54'SO"W., along the East boundary of the Northeast 1/4 of said Section
7, a distance of 730.58 feet; thence N.89005'10"W., a distance of 138.15 feet
to the POINT OF BEGINNING; thence Southerly, 289.84 feet along the arc of a
curve to the left having a radius of 7649.44 feet, a central angle of
02010'16", and a chord bearing and distance of S.Olo20'41"E., a distance of
289.83 feet; thence N.89005'10"W., a distance of 209.05 feet; thence
N.OQo53'55"E., a distance of 289.60 feet; thence S.89005'lO"E., a distance of
197.70 feet to the POINT OF BEGINNING.
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Containing 1.346 acres, more or less.
Parts "A" & "B" contain a total of 1.568 acres, more or les5.
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 04/19/73 LESTER BERNFIELD AND CITY OF CLEARWATER 4019/31
SHIRLEY BERNFIELD,
HIS WIFE, IRVING
KABILLER AND ELAINE
KABILLER, HIS WIFE,
BEN KOOK AND ANN
KOOK, HIS WIFE,
PHYLLIS LEVINSON,
DIVORCED AND NOT
REMARRIED AND
ROSALYN ZAVATSKY,
DIVORCED AND NOT
REMARRIED
EASEMENT 04/19/73 LESTER BERNFIELD AND CITY OF CLEARWATER 4019/34
SHIRLEY BERNFIELD,
HIS WIFE, IRVING
KABILLER AND ELAINE
KABILLER, HIS WIFE,
BEN KOOK AND ANN
KOOK, HIS WIFE,
PHYLLIS LEVINSON,
DIVORCED AND NOT
REMARRIED AND
ROSALYN ZAVATSKY,
DIVORCED AND NOT
REMARRIED
PARCEL 115.02
PAGE 2
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This instrument prepared by, or
~ Under the direction ~
Kenneth G. Wing
Assistant General Counssl
Department of Transp ation
PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1118
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 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.
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
PARCEL 115.02
I
Signed, sealed and delivered in
the presence of:
SL~, U-\ I
WITNESS -< , --r.
PRI~AME 0>'rt:-ven J 1;..1......",\1
WITNESS V ~ \
PRINT NAME \.-\""-. (J(A..J\ \~
ADDRESS
N. MALCOLM McKINLEY Dr.
FL 33612
PAGE 3
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This instrument prepared by, or
Under the direction ~
Kenneth G. Wing
Assistant General Counsel
Department of Transp ation
PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1119
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing
October
OF PRODUCTION for
instrument was acknowledged before me this 3rd day of
, 1994 , by I{pnnprh A H.:::iIrtm;mn , DIRECTOR
.'","'", _Vf".";';":'::,::"~.,~~ .~
""..,.., DEANNA L. ALDERMAN
/4::&$\J'S%~~ MY COMMiSSION f CC 381971
;:.: ,;..~ E..XP\RES: Juti 17, 1998
~. .32 . Undarwr\tBfS
";'"f.'o.;'f:.,'f,,<: aooded Thro NotarY PubliC
'.R,.,.- -,,_~
PRINT NAME Deanna L. Alderman
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name b 'ts Board of city Commissioners acting by the Chairperson or Vice-Chairperson of
said Boar the day and year aforesaid.
STATE OF FLORIDA
CITY OF CLEARWATER , Florida,
By Its City Council
ATTEST:
PRINT NAME
Clerk
By:
Its Chairperson (or Vice-Chairperson)
PRINT NAME
ADDRESS
COUNTY OF PINELLAS
The foregoing instrument was acknowledged
, 199 , by
(or Vice-Chairperson) of the CITY OF CLEARWATER
personally known to me or who has produced
me this day of
, Chairperson
City Council, who is
as identification.
PRINT NAME
Notary Public in
County and state last aforesai
My Commission Expires:
Serial No., if any:
PARCEL 115.02
PAGE 4
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PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1120
I
CITY OF CLEARWATER
By:
~/77~A?"
El' abet~ ",Dep1j\ula
c~t-y. :ManaQ_E7~
,~"" '. . '~~ ~. - . -
Attest:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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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 persona ly known to me~
...:t
WITNESS my hand and official seal thi..:li' day of
(1~.~~K~~
I:fvt....l) rasbe, ~ta.~ .....1 li'1........;,i'"
My conun, expires 1IIay Z2, 1995
Comm. No. CC lIl1G
, 1994.
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 1 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:Q~y of ~~, 1994.
r~Of: ~
CARO'f.YN l. BRINK
hotcu-)' F ubJi.... Cta:e sf FIeri.,;
My comm. expires May ~ 199~
ClcIDlIQ, No. CC U17G
Notary Public
Print/type name:
zraCc--
~nt City Attorney
Miles
PARCEL 115.02
PAGE 5
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