SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 124.03
j'
This instrument preparijd by.1
or under the direct~' f
Kenn~h G. Wing
Assistant General Counsel, '
Department of Transp rtation
11201 N. Malcolm McK ley Drive
Tampa, Florida 33612
01 RE>J.~,)'NjJ-
9Ee . 'cx;>
8R219
DS
INT
PIC
CERT
I
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
124.03
7117045
55
PINELLAS
15150-2566
FEES
MTF
REV
Legal Description Approved:
Date: 06/30/94 By: DIANNE M.
PINELLAS COUNTY FLA.
~ n~ oa~~ nr 1~n~
OFF.RE~.Dn uu~~ ~u ~~~~
UTL.04
T'uC"m J.1 nA "'0"'7(\0":}
~~~~ ~ ~~-~U/~U~
,"',,"m 1"'7 1nt'lA ..,.1..,Tn....
V~~ ~'I ~JJ~ J.~~rn
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ll!:-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 FDOTi 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:
Part "A"
Commence at a parker kalon nail and disk marked LB 148 marking the Southwest
corner of the Southeast 1/4 of Section 6, Township 29 South, Range 16 East,
Pinellas County, Florida, run thence S.89052'05"E., a distance of 2689.88 feet
along the South boundary of the Southeast 1/4 of said Section 6; thence
N.OP06'36"E., along the East boundary of the Southeast 1/4 of said Section
6, a distance of 1279.05 feet; thence N.88'53'24"W., a distance of 100.00 feet
to the existing West right-of-way line of U.S. Highway No. 19 for a POINT OF
BEGINNING; thence N.88053'24"W., a distance of 46.65 feet; thence
N.Ooo02'09"W., a distance of 175.04 feeti thence S.88053'24"E., a distance of
50.15 feet to the existing right-of-way line of said U.S. Highway No. 19;
thence S.Olo06'36"W., along said existing West right-of-way line, a distance
of 175.00 feet to the POINT OF BEGINNING.
Containing 8,470 square feet, more or less.
PARCEL 124.03
A'
tr
FLORIDA DEPT. OF TRANSPORTATION
ATTN: M.S. 7.9()0,RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612.6403
PAGE 1
1 ~. ji .I r
r. " ,'. ..' --: " ,,{," '
.. ~ L--,",
>,
l
/1. '
. "
This instrument prepared by
or under the directio f
Kenneth G. Wing
Assistant General Counsel
Department of Transpo
l
TlT"TT.''I' 'I' 7\ C"I r<r\TT"Tm'7 T:"T 7\
r~~L~~nQ ~vu~~~ ~~n_
r\~~ ~~~ Tl" oo~~ nr< ~~n~
vrr.nL~.Dn UU~J ru ~L~~
Part "B"
Commence at a parker kalon nail and disk marked LB 148 marking the Southwest
corner of the Southeast 1/4 of Section 6, Township 29 South, Range 16 East,
Pine11as County, Florida, run thence S.89052'05"E., a distance of 2689.88 feet
along the South boundary of the Southeast 1/4 of said Section 6; thence
N.0l"06'36"E., along the East boundary of the Southeast 1/4 of said Section
6, a distance of 1279.05 feet; thence N.88053'24"W., a distance of 146.65 feet
to the POINT OF BEGINNING; thence N.88053'24"W., a distance of 203.35 feet;
thence N.01006'36"E., a distance of 175.00 feet; thence S.88053'24"E., a
distance of 199.85 feet; thence S.00002'09''E., a distance of 175.04 feet to
the POINT OF BEGINNING.
Containing 0.810 acres, more or less.
Parts "AU & "B" contain a total of 1.004 acres, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK PAGE
EASEMENT
10/31/84
WILLIAM G. BLACKBURN
CITY OF CLEARWATER,
FLORIDA
5978/1717
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 FDOT, 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 FDOT 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 pf such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate easements.
2. Notwithstanding any prov~s~ons 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 FDOT's
facilities.
PARCEL.124.03
PAGE 2
This instrument prepared by
or under the directi
Kenneth G. Wing
Assistant General C:ounsel
Department of ~ransp
I
^TT'toTrn"l.JI' r."T n
nT"'Tr.'TLAS CVU1'J.J. J.'.u.n.
r~n~.u n~ 1~nc
~~~ nV ouou1~ r~ ~~~~
OFF.,n..c.\...-on. .......,
4. The City agrees to repair any damage to FDOT 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
F TRANSPORTATION
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
OF
The foregoing instrument was acknowledged before me this
Oct. , 199 4 ,by Kenneth A. Hartmann
PRODUCTION for District VII 1 who is personally known to me BF
~_ i~~~~L~riGati8R.
3rd
day of
DIRECTOR
,
..L..... Ila.;:)
l:-'.L.....d_se:d
~.cl
PRINT NAME Deanna L. Alderman
Notary Public in and for the
County and state last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 124.03
PAGE 3
I
t Tl T "TT:"T T 7\ C" ,...^TT't.Tm,\' T:"T 7\
r~1'~UU~~ ~vu~~~ run.
":) .,.,,... .,.,nc.
O:F.REC.BK 881J ru ~L~U
CITY OF CLEARWATER
By:
~h?~&="
Eli eth M, ep;t;uil:'"
Ci~y ~~nager
".
issioner
Attest:
-. "/".., \' :',
;c
~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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 ~~ 1994.
~A~'i)., ~~
p""'+-J:l'f'V Public, state of Flonda
}Jf,y c.omm explIes lV.LaY 22, lSl9S
~ No. CC 1117<U
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.
al- 0
WITNESS my hand and official seal th~day of A.-l '^~, 1994.
(] ct cA <~,<' V
~L.~KI~
V^tl'lrv Public, st:::..te of Florida
:My coJIlIl1. explIes lViaY ~~, U93
eomm. No. cc 111741
Notary Public
Print/type name:
Attorney
PARCEL 124.03
PAGE 4
J
1- nTu~TL' .
, r.1.nJ..::.1..l nS COUNTY FLA
n~~ n~~ nv ~
ur~.n~~.Dn 8813 PG 1297
44/019
32/03
"'713
;UJIU
i
"
MORNINGSIDE
44/018
"I! I
s' ~.... Eo..
~08.l-+2~
22/03
11
~
22/04 I c=J
~'CJ H: :01;/ DCLE:~ER
o 0 [] 6!( 0
CJ D tJ\ D I 22/:2~ II ;
CJ D~I
D~ /
DB or f
o -II ~
p~
:e....
44;01
^
^
" 33/01
" 16
0
15['-
33/02
,,>t
"'
"
33;03 12<=\
33/04-
33/052
<4-41015
,
44/014- It
L
10' R.O.W. and
Crain eo: VI~ Eao.
O.R. 521J~1300
--~-~-
-.' nnr-
.
~I 33/06
6
33/05 5UJ
~I 4--'
.w
~ ~,
~:;] 33/07 3Z
.
S 33/12 ,0.
,/:""---
~/-~ ,?:St>.
3
i.
--~-
10' ~~O:w.-;rd
O,Qin&I.IUI(o..
O.R.5ZI3-I301
LOEHMANN'S
l
.
,
,
PLAZA REPL
33/071
,
33/091;
.... .. J,
1862-19J5
33/03
WAl MART
I
, I
I
J977 910
~
109..13
"
,/V'"
<<-'"
~a7 -I
~s
':>i>>t-
vo",y;
,/..,)-",,,,
22/05
1\/061
,
~if1!
.,
j::,:.;i
1 ~ 7~~~04'
1\/06
'iD
~7? , ~
I 11/07 ,
i
.
~
N TERRACE DRIVE
65 64
66 63
~ w
>
" 67 62 "'
0 0
" "
(J
69 60 ~
70 59 tJ'
"
" 58
72 57
73 56
74 55
75 54 ~
0
76 93 ~
<
;:; 67
4J
4'7B "
~
UJ
::>;
o
UJ
OJ
o
-'
ill
"'
l)
Z
'"
'"
o
Nole: This is Not a Survey!
8/04/94 - B.V.D.
ERLNEW.DWG