SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 808.05
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This instrument prepared
or under the direct'
Kenneth G. Wing
Assistanl Genera! ~,"oool
DepartClent ,of Transp rtation
11201 N. Malcolm McK~nley Drive
Tampa, Florida 33612
PARCEL 808.05
WPI NO. 7117045 FEES ----
S.R. NO.: 55
COUNTY PINELLAS MTF
SECTION : 15150-2566 REV
Legal Description Approved: t:liil '..---1<( 9?'
Date: 06/30/94 By: DIANNE M. COLLINS ~ . ~o
UTL.04 INST # 94-287981
OCT 17, 1994 7:12PM
CE:=iT
PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1283
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~day of (")c,,+ ,199~, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the CITY
OF CLEARWATER 1 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, 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 FOOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
That part of:
Lot 2, CLEARWATER "19" COMMERCE PARK, according to plat thereof recorded in
Plat Book 95, Page I, 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
N.89030'59"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
PARCEL 808.05
(y
FWRlDA DEPT. OF TRANSPORTATION
ATTN: M.S. 7-900, RlGHT OF WAY
MARlA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FWRlDA 33612-6403
PAGE 1
Thi~' instrument prepared by, I
or under the direction~
. Kenn~lh G. Wing
AssIstant General Counsel
Department of Transpor ation
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1284
of said section 8; thence S.00oS4'SO"W., a distance of 1350.20 feet along the
West boundary of the Southwest 1/4 of said Section 8 to the Southwest corner
of the Northwest 1/4 of the Southwest 1/4; thence S.89044'18"E., along the
South boundary of said Northwest 1/4 of the Southwest 1/4, 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 "1911 COMMERCE PARK, according to map or plat
thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas
County, Florida; thence continue S.89c44'18"E. along the South boundary of
said Lot 2 a distance of 33.64 feet to the POINT OF BEGINNING; thence continue
S.89044'18"E. along the South boundary of said Lot 2 a distance of 29.35 feet;
thence N.Ooo15'42"E., 20.00 feet; thence N.89044'18"W., 30.00 feet; thence
S.0l"36'39"E., 20.01 feet to the POINT OF BEGINNING.
containing 593 square feet, more or less.
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 12/13/82 FRANK C. KUNNEN, JR. CITY OF CLEARWATER, 5458/245
FLORIDA
EASEMENT 12/20/85 FRANK C. KUNNEN, JR. CITY OF CLEARWATER, PLAT BOOK
AND DWAYNE HAWKINS FLORIDA 95, PG.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
shall supersede any contrary provisions, with the exception of the provision herein
with reimbursement rights4
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.
PARCEL 808.05
PAGE 2
This instrument prepared bY,)
or under the directi~Of
Kenn~h G. Wing
Assistant General Counsel
Department of Transp ration
I
PINELLAS COUNTY FLA
OFF.REC.BK 8813 PG 1285
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.
Signed, sealed and delivered in
the presence of:
5t::..- s:r-o _ 11
WITNESS "'<:-1 J
PRINT N-A-e"~~ . TJ....... \ \
kJ
TRANSPORTATION
By:
Dire
District VII
WITNESS
PRINT NAME
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
OF
The foregoing
Oct.
PRODUCTION for
instrument was acknowledged_ b~j~~e me
,1994 ,by Kenneth!'.. Har.....=.n
District VIr , who is personally known to
~s i~eR~i~is~~i?-
this
3rd
day of
DIRECTOR
me BE
,
..'1-...... n::lCl
r...........r1",..""g
~;I,
PRINT NAME Deanna L. Alderman
Notary Public in and for the
County and state last aforesaid.
My Commission Expires:
Serial No., if any:
,,,,,,,,.,,~> OEANNA L. ALDERMAN
,.,"J1"", MY COMMISSION 8 CC 381971
"'~i" EXPIRES: July 17, 1998
~1,~'P.f.,~,;$~- BonlkKl Thru Notary Public UnderwTtt&rB
PARCEL BOB.05
PAGE 3
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PINELLAS COUNTY FLA.
OFF.REC.BK 8813 PG 1286
Rita Garvey, Mayor Co
CITY OF CLEARWATER
BsLoner
By:
&;;-N.....t',,<.:-
E1Wabeth M/ Deptula'
City Manager r,'
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Attest:
,
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(l'
Goudea~, --;(~.i,ty Clerk
" v ',' _
....~, '
eed
STATE OF FLORIDA )
COUNTY OF PINELLAS )
,\',
BEFORE ME, the undersigned, personal.ly 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 of0~i~1, :e,al th::'l~ ~ 1994.
Notary Public ~
Print/type name: CAROL-YI>! l BRIMIl
Notary Public, state of Florida
M1 comm, expires May 22, 1995
Comm. 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 me.
WITNESS my hand and official seal this~l~y of ~~~ ~.,~, 1994.
0~ A~ J b ^. ~, i::ru'l-J.
CUOLl"N L BRINK
Notary Public, State of Florida
.My conun, expires Voay 22, 18111
Ccm:.m. No. CO 11174;1
Notary Public
Print/type name:
correctness:
Clty Attorney
PARCEL 808.05
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8/04/94 - B,V,O_
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