SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 145.04
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tlT 27,__1994 6: 38Pr-1-
This instrument prepared briJr
under the direction of ~
Kenneth G. Wing I
Assistant G2n.l?~?' :;C'unsel
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
145.04
7116917
586
PINELLAS
15009-2540
Legal
Date:
Description Approved:
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PINELLAS COUNTY FLA.
OFF.REC.BK 8824 ~G 1931
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this 2.4 day of o.:.-b6e...- ,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 B:
WHEREAS, the City present.-ly has aa in"i.:erest 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 FOOT; 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:
A parcel of land located in Lot 47, COUNTRYSIOE TRACT 94 PHASE 1 according to the map or
plat thereof as recorded in Plat Book 86, Pages 65 - 67 inclusive of the Public Records
of Pinellas County, in Section 17, Township 28 South, Range 16 East, Pinellas County,
Florida being more particularly described as follows:
As a point of reference commence at the Northwesterly most corner of said Lot 47; thence
South 89050'37" East, 57.25 feet along the Northerly lot line of said Lot 47 to the POINT
OF BEGINNING; thence continuing along said Northerly lot line South 89050'37" East, 17.25
feet to a point on the Southerly existing right-of-way line of State Road 586 (Curlew
Road); thence 43.49 feet along the arc of a curve to the left of said Southerly existing
right-of-way line whose radius is 1969.86 feet, central angle is ora15'54" and has a chord
PARCEL 145.04
~'
FLORIDA DEPT. OF TRANSPORTATION
D1STRlCf VII R/W OFFICE, M.S. 7-900
BONNIE IDLLIARD. R/W SPECIALIST
11201 N. MALCOLM MCKINLEY DR-
TAMPA. FLORIDA 33612-6403
PAGE 1
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This instrument prepared. rJy'
Under the direction of :~
Kenneth G, Wing
Assistant Genaral Counsel I
Department of Transporta~ on
PINELLAS COUNTY FLA
OFF.REC.BK 8824 PG 1932
bearing and distance of South 76014~05n East, 43.49 feet to a point on the Easterly lot
line of said Lot 47 also being on the Westerly right-af-way line of Northridge Drive;
thence South 15006'52" West, 12.00 feet along the Easterly lot line of said Lot 47 and the
Westerly right-of-way line of said Northridge Drive; thence North 31"51'54" West, 13.65
feet; thence 50.24 feet along the arc of a curve to the right whose radius is 2217.90
feet, central angle is 01017'52" and has a chord bearing and distance of North 78003'59"
West, 50.24 feet to the POINT OF BEGINNING.
Contains 203 square feet, more or ,less.
RECORDED
NATURE OF
ENCUMBRANCE
EASEMENT
DATE
FROM
TO
O.R.
BOOK/PAGE
PB 86/65
06/17/83
U.S. HOME
CORPORATION
CITY OF CLEARWATER
.
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 FDOT'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 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, ~he 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 FDOT facilities and to indemnify the FOOT
against any 10es or damage resulting from the City exercising its rights outlined
in Paragraphs 1 and 3 above.
PARCEL 145.04
PAGE 2
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This instrument prepared by, or
Under the direction of 'Ii
KennEllh G. Wing
Assistant Geoeral Counsel
Department of Transporta 'on
PINELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 1933
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence of:
~ qJ'J_U
WITNESS -=:"1 J """T7
PRINT NAME ....Jh=v..'" . \; J....Je.\1
--aH~~~ ;; ~'^;~:
;~i:~S~AME1<r, H2: - i~l~t,V-
SPORTATION
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The fQreqoing instrulT\l!!nt
~, Octooet"' , 1994
OF PRODUCTION for District
was acknowledged before me this
,by Kenneth A. Hartmann
VII , who is personally known to me-u~
as idcn~~fl~a~loft.
24
day of
DIRECTOR
,
wbv la...._
!i:E'<;'~""'P.<!..
~Y'--A _
PRINT NAME Deanna L. Alderman
Notary Public in and for the
County and state last aforesaid.
My Commission Expires:
Serial No., if any:
"\i.~'i''''' DEANNA L. ALDERMAN
t:1"i:J. ~ MY COMMISSION' CC 381971
"'~!Ji EXPIRES: July 17. 1998
"').'",,4" _111IuNolmyPullllc~1S
"'1;,,\'-
PARCEL 145.04
PAGE 3
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This instrument prepareEY or
Under the di~ection of
Kennetl1 {j. Wing
Assistant Gpf'!l)ial COlln!3el
Department of Transport tion
PINELLAS ~~~NT~GF~~34
OFF.REC.BK 8
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
B its Board of city Commissioners acting by the Chairperson or Vice-Chairperson of
80 d, the day and year aforesaid~
CITY OF CLEARWATER , Florida,
By Its City Council
ATTEST:
PRINT NAME
Clerk
By:
Its Chairperson (or Vice Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before
, 199 , by
(or Vice-Chairperson) of the CITY OF CLEARWATER
personally known to me or who has produced
day of
, Chairperson
city Council, who is
as identification.
PRINT NAME
Notar.y Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 145.04
PAGE 4
I
PINELLAS
OFjoREC B COUNTY FLA.
. K 8824 PG 1935
CITY OF CLEARWATER
By:
Eli~~::2;;0~'.' "';..,
cJ..ty M:;u'J.~gfaX:' . 'o};', . --~,
"," .,;-.' ,:, 'Q~ '>,- ~
issioner
Attest:
,
.,
.
.'
.rCynth'
~
Go~deau, City qlerk
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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.
~O~~
b-. cl~"e 01 Flol'ldl
'Nntl'l'FV Pu 1:"C, ;) ,..~ 22 1991
"I..K'T conun explre5 Ma) I
""'" c:ornm. No, CO 1111t1
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 me4
WITNESS my hand and OffiC0~s.ealtJ~hiiJ';'L~, 1994.
Notary Public ~
Print/type name: CAROLYN L. BRINK
Notary PubllC, ~W.le 01 J! !Orlda
:My oomm. expires May 22, 199B
Comm. No. CC 111741
Miles A. Lance, Assistant City Attorney
PARCEL 145.04
PAGE 4
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BREWTON COURT
NOTE: This is not a Survey!
08/03/94 - 8, V.D,
CURLEW.DWG