SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 800.04
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This instrument prep
. Kenneth G. Wing
Assistant General Counsel
Department of Transpo
11201 N. Malcolm McKi
Tampa, Florida 33612
or
under the direct~n
01 RECO~~ING ()>
REC ?.-:L,{)O
DR2'19
OS
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CERT
of
ation
ley Drive
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
800.04CD
7117045
55
PINELLAS
15150-2566
FEES
MTF
REV
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Collins v. . Jl7
Legal Description Approved:
Date: 07/08/94 By: Dianne M.
UTL.04
INST # 94-287982
OCT 17, 1994 7:12PM
PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1288
CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~ day of OcJ ,1991.., 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:
That part of:
Lot 1, CLEARWATER "19" COMMERCE PARK, according to plat thereof recorded in
Plat Book 95, page 1, Public Records of Pinellas County, Florida, lying in
Section 8, Township 29 South, Range 16 East, Pinellas County, Florida.
Lying within the following described boundary, to-wit:
Commence at a Pinellas County Engineering Department concrete monument with
nail & disk marking the Northeast corner of the Southwest 1/4 of Section 8,
Township 29 South, Range 16 East, Pinellas County, Florida, run thence
PARCEL 800.04
G;
FWRIDA DEPT. OF TRANSPORTATION
ATTN, M.S. 7-900. RIGHT OF WAY
MARlA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAMP A, FLORIDA 33612-6403
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FF.REC.BK 8813 PG 1289
This instrument prepared
Under the direction f
Kennl!llh G. Wing
Assistant G~ner~l Counsel
Department of Transpo
N.89"30'59"W., a distance of 2714.71 feet along the North boundary of the
Southwest 1/4 of said Section 8, to the Northwest corner of the Southwest 1/4
of said section 8; thence S.00"54'50"W., a distance of 1350.20 feet along the
West boundary of the Southwest 1/4 of said Section 8; thence S.89"44'18"E.,
a distance of 99.68 feet to a point on the East right-of-way line of U.S. #19,
and the southwest corner of Lot 2, CLEARWATER "19" COMMERCE PARK, according
to map or plat thereof, recorded in Plat Book 9S, Page 1, of the Public
Records of Pinel1as County, Florida; thence along the South boundary of said
Lots 1 and 2, S.89"44'18"E., a distance of 580.34 feet; thence N.01"56'31"W.,
a distance of 10.33 feet to the POINT OF BEGINNING; thence continue
N.Olo56'31"W., a distance of 20.02 feet; thence s.8900S'04"E., a distance of
41.00 feet; thence S.OQo54'56"W., a distance of 20.00 feet; thence
N.89"05'04"W., a distance of 40.00 feet to the POINT OF BEGINNING.
Containing 810 square feet, more or less.
THIS CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS IS BEING GIVEN TO CORRECT THE LEGAL
DESCRIPTION CONTAINED IN THAT CERTAIN SUBORDINATION OF CITY UTILITY INTERESTS RECORDED IN
OFFICIAL RECORD BOOK 8698, PAGE 1182 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
DATED 06/03/94.
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 12/13/82 FRANK C. KUNNEN, CITY OF CLEARWATER 5458/245
JR.
EASEMENT 12/20/85 FRANK C. KUNNEN, CITY OF CLEARWATER PLAT BOOK
JR. 95, Page 1
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
PARCEL 800.04
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OFF.REC.BK 8813 PG 1290
ThiS.ins.tr.u.ment pre~ared by, or
Under the direction f
. Kenneth G, Wing
Assr~t~...t ~r.>~l"lr~t r:ounsel
Department of Trans rtation
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 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
delivered in
NSPORTATION
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this 3rd day of
Oct. , 1994 , by Kenneth A. Hartmann , DIRECTOR
OF PRODUCTION for District VII , who is personally known to me 0,,- ~Jl.5 flae f:-~""'J...........c..l
d~ ldcuL.i.f..i...........Li'i':R
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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:
PARCEL 800.04
"'\;;""""" DEANNA L. AlDERMAN
[:rib. ~~ MY COMMISSION # CC 381971
",:oa.,il EXPIRES: July 17, 1998
"'~'Rl;io...,' Ilonded Thru __ Public Undorwrltels
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vJ:.F~REC~BK 8813 PG 1291
CITY OF CLEARWATER
By:
El@;;e~~~a
city Manager' ","
Rita Garvey, Mayor C
issioner
, ..
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Attest:
~
Goudeau" C'.i:t:y"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~l~ay of ~A~ ~"-, 1994.
(\,~J._ ~~ ~'
~YN L. ll-RINK
nola.~ rob::., c:.,t el Florld8
My conun. expire. V"'f Z~( lll!ll
. Comm. No, CCl I l1n
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 thi~ay Of_~ ' 1994.
(lA"J, ~.~ '
~C~ BRINK
lla~' P,.l~l;'" ;:;::tdp of FlorIda
My 00IIlIIl. expires May 22, 1995
CoalJIl,. No. CC 111741
Notary Public
Print/type name:
and correctness:
torney
PARCEL 800.04
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