SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 142.03
"\0- .~
..' "
, ,
.1
I
INST # 94-298549 I
OCT 27, 1994 7:15PM
!; -~
This instrument prepared;P' r
under the ~~I\'Mfjl(i'Win'Of
Assistant General Counsel
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
142.03
7116917
.586
PINELLAS
15009-2540
Legal Description Approved:
:~ji i' \ 'i'\ \ \ II ~U~
~ ~ Ii \t3 u..:::> \13
cr:t)~(/)r~u.J UJ~~ r-
o~oo~o...() ~
MELTON ~
PINELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 2062
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this 24 day of o.:.tobc:1" ,199A., 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 B:
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 qf FDOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
A parcel of land located in Lot 83, WYNWOODS LANDING II according to the map or plat
thereof as recorded in Plat Book 88, Pages 40 - 42 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 Southwest corner of the Northwest 1/4 of said
Section 17; thence South 89050'37" East, 467.34 feet along the South line of the Northwest
1/4 of said Section 17 to a point on the East lot line of said Lot 83; thence North
00024'05" West, 245.64 feet along the East lot line of said Lot 83 to the POINT OF
,.
PARCEL 142.03
t -
(9r
FLORIDA DEPT. OF TRANSPORTATION
DISTRlCf VII RIW OFFICE, M.S. 7-900
BONNIE HILLIARD, RIW SPECIALIST
11201 N. ~IALCOLM MCKINLEY DR.
TAMPA. FLORIDA 33612-6403
'" '.~,
PAGE 1
"
I
[INELLAS COUNTY FLA.
OFF REC.BK 8824 PG 2063
This instrument preparr;' or
Under the direction 0
Kenneth G. Wing
Assistant General Counsel ~ (
Department of Transpor\ation
BEGINNING; thence North 69017'36" West, 39.15 feet to a point on the Southerly existing
right-of-way line of State Road 586 (Curlew Road); thence North 20031'02" East, 9.97 feet
along said right-of-way line; thence South 69023'26" East, 35.31 feet along said right-of-
way line to the Northeast corner of said Lot 83; thence South 00024'05" East, 10.75 feet
along the East lot line of said Lot 83 to the POINT OF BEGINNING.
Contains 372 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK/PAGE
PB 80/40
EASEMENT
03/21/84
WILLIE M. BREWTON
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 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 of such alteration, adjustment, or relocation,
including, but not lLmited 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 re~ursement 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 FDOT
against any loss or damage resulting from the City exercising its rights outlined
in Paragraphs 1 and 3 above.
PARCEL 142.03
PAGE 2
.
I
~
I PINEL LAS COUNTY FLA.
O~F.REC.BK 8824 PG 2064
This instrument prepar;&2d by, or
Under the direction 0
Kenneth G, Wing
Assislanl Gene,al Counsel
Department of Transport tion
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first above written.
Signed, eealed and delivered in
the presence of:
5Lg:J:L I \
WITNESS ~ 1 J --r:- \
PRINT NAME .....M-..,,"'.... . I idwe\
t
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing
O<"toh~,...
OF PRODUCTION
instrument was acknowledged before me
, 199 <1 ,by Kenneth A. Hartmann
for District VII , who is personally known to
as ; ~D"tifi.8aEL""U4
this 24th
,
me 8E' .lR9 hag
day of
DIRECTOR
l:o'.Ludu~t:1.l
~~>J~
PRINT NAME Deanna L. Alderman
Notary Public ~n and for the
County and State laet aforesaid.
My Commission Expires:
Serial No., if any:
I ,"'iiA\:'!""'" DEANNA L. ALDERMAN
!~rib ~~ MY COMMISSION' CC 381971
"'.~.,,' EXPIRES, July 17, 19911
':.i.:f,,9f.:f,-:!-,,: Bonded Tllru Notary~, Underwriters
-.<~.'-.-
PARCEL 142.03
PAGE 3
I
JINELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 2065
This instrument prepared(?bY' or
Under the direction of
Kenneth (3, Wing ~
Assistant GE,nera! Counsei
Department of Transpor tion
N WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name by 'ts Board of City Commissioners acting by the Chairperson or Vice-Chairperson of
said Boar the day and year aforesaid.
The foregoing instrument was acknowledged
, 199 , by
(or Vice-Chairperson) of the CITY OF CLEARWATER
personally known to me or who has produced
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
this day of
, Chairperson
City council, who is
as identification.
PRINT NAME
Notary Public in
County and State last aforesaid.
My Commission Expires:
Serial NCa, if any:
PARCEL 142.03
PAGE 4
, ,
f:
.>
I PINELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 2066
CITY OF CLEARWATER
By:
EliJ'tfM5t~\\l-,~ .
c~tY.,;Mal\ager "Iii
,..,." 'J'" -,"/,
. . . 0 . .0. ~
.:,-. '''''.-,..
: ,".'.. *.'. /",.
Mayor 'Co
ioner
Attest:
~
r Cynth'
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared .~l.ta,,_.Garvey, the Mayor-
Comrnission!3:r of the city of Clearwater, Florida, who k~ecuted 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.
.d: "
WITNESS my hand and official seal thi~day of ~ ' 1994.
O~ct,~
YN I. BlUNK
CAROl. :l "e ~f Vlorida
NotarY pubUC, ir~;'MaY 22, 19'::1:)
Uv coron>. e"P cc 111741
-- CoIDJl>. No.
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 thisC{/~ay of ~~, 1994.
(\.... iJ3. of. ~ .
CAROLYN L. BRINK
Notary Public, State of Florida
My comm, expires May 22, 1995
Conun. No. CC 11174.1
Notary Public
Print/type name:
ity Attorney
M~le
PARCEL 142.03
PAGE 4
r--
,\0
":0
..:IN
1<0
0.
>- i>< .
Eo<
Z
0""
ON
U<Xl
<Xl
CIl
..:::<:
..:I1tl
..:I'
\>lU
~~
.~
1<0.
o
.
-
,
j"'. '
I'
1--__
I --
I ----
I WY WOOm3
i II
L____ -
BREWTON COURT
3
33
2
34
CURL
['W
z WYNWOO S
-'
w
oc
o
I
(f)
W
:0<:
-<
-'
86
85
86
85
26 19 5 7
r-' 18 8 42
(f)
25 r-' 6 21
20 4 (f)
19 0:::
0 7 43
50 22
6 44
23
45
46 0
01
47 oc
u
48
84
AND NG
83 82
49
SR. S
86
"
,-
I
COUNTRY IDE 48 T
_--- " Iso 49
_-- --1)2 \ "- d,-oW." .~L/- -
LA DING I 51 COURT
I ,----7
81 I I /
I I 1
II f f--
I z
o
II 2
II ~
w
.(Il
84
83
/-- I r-
'/ 1---,
/ II .)
/ 59 I I 60
I 86-65 J L ' /
---1
NOTE: This is n~t a Survey!
08/03/94 - B.V.O.
CURlEW,OWG