SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 810.03
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This instrument prep~red 'y,~
or under the directi 0
Kenneth G. Wing
Assistant General Counsol '
Department of Transpo at ion
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
INST # 94-287979 I'
OCT 17, 1994 7:12PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1273
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION ':
810.03
7117045
55
PINELLAS
15150-2566
OS
INT
-PIC
CERT
Legal Description Approved:
Date: 07/08/94 By: Dianne M. Collins
FEES
MTF
REV
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UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~day of cx,:t , 1994, 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 purposesi 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
r~;ed.
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 1 of THE CLEARWATER COLLECTION - SECOND REPLAT according to the map or
plat thereof, as recorded in Plat Book 107 at 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 5/8" 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.00054'50"E., a distance of 1350.60 feet along the East
boundary of the Southeast 1/4 of the Southeast 1/4 of said Section 7; thence
N. 89050' 51"W., a distance of 101. 33 feet to the Northeast corner of Lot 1, THE
PARCEL 810.03
Ii (
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FLORIDA DEPT. OF TRANSPORTATION
ATTN: M.S. 7-900. RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCiaNLEY DR.
TAMPA, FLORIDA 33612-6403
PAGE 1
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This instrument prepared
or under the directi
Kenneth G, Wing
Assistant Genera! Coun$el
Department of Transpo tat ion
I
, -
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1274
CLEARWATER COLLECTION - SECOND REPLAT according to the map or plat thereof,
as recorded in Plat Book 107 at Page 24 of the public records of Pinellas
County, Florida, and the existing (by Plat) West right-of-way line of U.S.#19;
thence S.00051'34"W., 517.82 feet along said West right-of-way line to the
Southeast corner of said Lot 1; thence N.89033'lO"W., a distance of 49.98 feet
along the South boundary of said Lot 1 to a point on a curve; thence
Northerly, 53.17 feet along the arc of a curve to the right, having a radius
of 7664.44 feet and a central angle of 00023'51" (chord bearing N.02'56'54"E.,
53.17 feet) to the POINT OF BEGINNING; thence continue Northerly, 20.02 feet
along the arc of a curve to the right, having a radius of 7664.44 feet and a
central angle of 00'08'59" (chord bearing N.03'13'36"E., 20.02 feet) to a non-
tangent line; thence N.8900S'10"W., a distance of 10.00 feet; thence
S.03013'36"W., a distance of 20.02 feeti" thence S.890QS'10"E., a distance of
10.00 feet to the POINT OF BEGINNING.
Containing 200 square feet, more or less.
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 09/15/87 MAURICE A. ROTHMAN CITY OF CLEARWATER 6605/82
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 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
PARCEL 810.03
PAGE 2
t, ..,
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\
This instrument prepared by,e'
or under the directi
Kenn~h G. Wing
Assistant General Counee!
Department of Transp
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1275
facilities.
4. The city agrees to repair any damage to FOOT facilities and to indemnify the FDOT
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
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
OF
The foregoing instrument was acknowledged before me this
October , 199 4 ,by Kenneth A. Hartmi'mn
PRODUCTION for District VII , who is personally known to me UL
~~ ~J~~~Lifi~&lieR.
3rd
day of
DIRECTOR
,
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r..-nnll("!p-d
dv
PRINT NAME Deanna L. Alderman
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
4'ii."~iy> DEANNA L, ALDERMAN
1'1' i!!." ;.\ MY COMMISSION! CC 381971
~~i" EXPIRES: Ju~ 17, 1998
"~p.r.j},~~'~ Bond&d Thru Notary Public lk1d&rwrImrs
PARCEL 810.03
PAGE 3
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PINELLAS COUNTY FLA
OFF.REC.BK 8813 PG 1276
CITY OF CLEARWATER,
sianer
By:
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Eliza~:h M.D"eptula'"
Cit~(..-.MaI}ager , i'
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Attest:
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tr~ty 'Clerk -
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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 personally known to me.
WITNESS my hand and official seal thi~)~ay of ~, 1994.
C~YNY;BR~
l\Tnh.'ty n..'"hli':', gtate a[ rlv.Jdu
My comm, expires May 22, 1993
Camm. No. cc 11I741
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 I 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.
, 4- (J
WITNESS my hand aaf.lf:~l se~~ of A4~ 1994.
Notary Public - --~YN L. BRINK
Print/type name:
:r~ Pliblie, StatE: 5i Flt..lldll
l\Ily oomm. expires May 22, 199B
Ccm:w:l. No. CC 1117.~
PARCEL 810.03
PAGE 4
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PINELLAS COUNTY FLA.
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