SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 141.04
,
,
"
( J.
J
INST # 94-298550
__~~'I'27 ,1994,7:15Pfll
This instrument prepared by, or
under th"k~J::act.iQn of ~
Ism G. Wing
Assislant Ganeral Counsel
Department of Transportat'on
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
141. 04
7116917
586
PINELLAS
15009-2540
Legal Description Approved: ~ ~
Date: JUNE 6. 1994 By: WILLIAM MELTON ~
'0~fJ., 11111 1 \ 1:1 \)
UTL.04 ~S;) . ~I\O
ur:\. co -'
UJ _ ~ I~ I~
([ON ....oa: L.UUJ~>UJ ""0
.....UJct(/l __UJ
oc::oo~n.u u.~c: l-
SUBORDINATION OF CITY UTILITY INTERESTS
PINELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 2068
THIS AGREEMENT, entered into this ~ day of od-"ber' , 199..4., 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 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 FOOT; 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 con'sideration af the" mutual covenants and prumises 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:
A parcel of land located in Lot 86, 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, 60.00 feet along the South line of the Northwest
1/4 of said Section 17 to a point on the East right-of-way line of Lake Shore Lane; thence
North 00035'40" West, 331.35 feet along the West lot line of said Lot 86 also being the
East right-of-way line of Lake Shore Lane to the POINT OF BEGINNING; thence continuing
along the West lot line of said Lot 86, North 00035'40" West, 23.62 feet to a point on the
PARCEL 141. 04
8:'
FLORIDA DEPT. OF TRANSPORTATION
DISTRICT VII R/W OFFICE, M.S. 7-900
BONNIE HILLIARD, R/W SPECIALIST
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
PAGE 1
;.. [
)
PINELLAS COUNTY FLA.
lFF.REC.BK 8824 PG 2069
This instrument prepared (;;J' or
Under the direction of
, Kenneth G. Wing ~
AssIstant General Counsel
Department of Transporta 'on
Southerly existing right-of-way line of State Road 586 (Curlew Road); thence 23.75 feet
along the arc of a curve to the right of said Southerly existing right-of-way line whose
radius is 1839.86 feet, central angle is 00044'23" and has a chord bearing and distance
of South 81006'26" East, 23.75 feet; thence 34.86 feet along the arc of a curve to the left
whose radius is 20aOO feet, central angle is 99051'25" and has a chord bearing and distance
of South 49020'03" West, 30.61 feet to the POINT OF BEGINNING.
Contains 126 square feet, more or lessa
RECORDED
NATURE OF
ENCUMBRANCE
EASEMENT
DATE
FROM
TO
O.R.
BOOK/PAGE
PB 80/40
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 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
FDOT 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 ri9hts~
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 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.
PARCEL 141.04
PAGE 2
I
I PINELLAS COUNTY FLA.
tFF.REC.BK 8824 PG 2070
This instrument prepared by~ or
Under ,the direction Of~
Kenn&lh G. Wing
Assistant General Counsel
Department of Tranepor ation
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:
~
WITNESS .,::;, J -r.
PRINT NAME v eve.... . I idw
WI~E~4-\- }:\~'U\Q.oj fI(\
PRINT NAME'~I=ITT FC-c''R\\'nc;i...e'fJr
STATE
SPORTATION
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL JJ612
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
OF
The foregoing
OctobQr
PRODUCTION
instrument
, 199 tI
for District
was acknowledgedbrifore me this
, by l(et.nnet.t-h n. H:=lrrlT\;:lnn
VII I who is personally known to me.J:),T
&~ ~1e8~ifi-~~;on_
24th
day of
DIRECTOR
produced
,
~.I'h..... },;::aR
~;/
PRINT NAME Deanna L. Alderman
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 141.04
,$:lf>t~, DEANNA L. AlDERMAN
i.rQ"'~ MY COMMISSION' cc 381971
~~'!l EXPIRES: July 17. 1998
,p,r"t:<,'8onded111ruNolaly_Un_
PAGE J
I
FINELLAS COUNTY FLA.
OFa.REC.BK 8824 PG 2071
This instrument prepare~bY' or
Under ~nndirection of
em \.j. Wing
Assistant General Counsel
Department of Transport tion
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name b its Board of City Commissioners acting by the Chairperson or Vice-Chairperson of
said Boa , the day and year aforesaid.
STATE OF FLORIDA
CITY OF CLEARWATER , Florida,
By Its City. Council
ATTEST:
PRINT NAME
Clerk
By:
Its Chairperson (or vice-Chairperson)
PRINT NAME
ADDRESS
COUNTY OF PINELLAS
The foregoing instrument was acknowledged
, 199 , by
(or Vice-Chairperson) of the CITY OF CLEARWATER
personally known to me or who has produced
this day of
I Chairperson
City Council, who is
as identification.
PRINT NAME
Notary Public in
County and state last aforesaid.
My commission Expires:
Serial No., if any:
PARCEL 141. 04
PAGE 4
I
JLPINELLAS COUNTY FLA.
Orf'.REC.BK 8824 PG 2072
CITY OF CLEARWATER
By:
El~~~PtUl'''''",
cit~,-,'l1anag~r '
... \. \ \
/:~, :~:\><:\,.. ".
:: ,... c.
issioner
Attest:
r Cynth
ity Clerk
~..,~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
.'
.!lii""'"
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~/~ay of ~ ' 1994.
C ~~
CAR~RINK
lfetel")" Pl,hl\ro ~t~tp. nf FloMd8
My comm. expires May 22, 1995
Cotnm. No. CC 111741
Notary Public
Print/type name:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, person~lly 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.,,7/,,:>'~'ay o~, 1994.
Q C;f. ~
~. BKINI<
U6bll',Y Pllhlic. state of F1orit;
MY comm expires May :.::.:.::., 1 ..,
~ No. CC 111741
Notary Public
Print/type name:
Mil
PARCEL 141. 04
PAGE 4
(")
.['-.
~o
....:IN.
~
t!J'
><p..
Eo<
Z
~<I'
ON.
U 00 '
00 .
CIl '
~ ~'
...:IlQ
...:I'
WU
ZW
H~
p.. .
~
~
o
-
z
-'
o
<J1
:3
19 5 7 l() 20
f- 18 7 8 42
V1
f- 21
20 4 V1
19 0:::
0 7 43
20 22
33
2
CURl
~[W
46
47 0:::
U
48
WYNWOO)S
W
0:::
o
:r:
Ul .
W
'"
-<
-'
49
AND NG II
85 84 83 82
s.f?
. 586
86
, --,
ACT,'
47 /
~)
de
,-
I
COU~JRYfWE 48 T
. \ dHtlL "~L,/ --
I 51 COURT
I r---:---7
I I /
I I /
I II f-
I z
o
II 2
I I . :i
w
CD
NOTE: This is n~t a Survey!
08/03/94 - B.V.D,
CURlEW,DWG
86
85
84
83
I~~
I ~~
I.......... --
I WY WOODS~-
I II
L____
//- I r
/ II .)
I 59 I I 60
/ 86-65 I I .' / FS
-1 L__-.I Q:'
/.
.-I.
BREWTON COURT