SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 144.03
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i,~i.l4sT # 94-298547
OC' 27, 1994 7~15PM
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This instrument prepared. by, or
under the direction o~
. Kenn&th G. Wino
Assistant General Couris@'
Department of Transpor tien
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
144.03
7116917
586
PINELLAS
15009-2540
UTL.04
Description Approved:
JUNE 6. 1994 By: WILLIAM MELTON
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o - SUBORDINATION
@/
Legal
Date:
PINELLAS COUNTY FLA.
OFF.REC.BK 8824 PG 2050
OF CITY UTILITY INTERES~S
~HIS AGREEMENT, entered into this 24 day of Oc.kb..( ,199 4-, 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 ~ 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, theFDOT 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 82, WYNWOODS LANDING II according to the map or plat
thereof as recorded in Plat Book 88, Pages 40 - 42 inclusive, 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 89'50'37" East, 467.34 feet to a point on the Westerly lot line
of said Lot 82; thence North 00'24'05" West, 245.64 feet along the Westerly lot line of
said Lot 82 to the POINT OF BEGINNING; thence continuing along said Westerly lot line North
00'24 '05" West, 10.75 feet to a point on the Southerly existing right-of-way line of State
PARCEL 144.03
g:
FLORIDA DEPT. OF TRANSPORTATION
DISTRICT VII R/W OFFICE, M.S. 7-900
BONNIE HILLIARD. R/W SPECIALIST
H20I N. MALCOLM McKINLEY DR.
TAMPA. FLORIDA 33612-6403
PAGE 1
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~INELLAS COUNTY FLA.
OF1-REC.BK 8824 PG 2051
This instrument prepared by, or
Under the direction of ~
Kenneth G. Wing .
Assistant General Counsel
Department of Transport tion
Road 586 (Curlew Road) and the Northerly lot line of said Lot 82; thence south 69.23'26"
East, 201.90 feet along the Southerly existing right-of-way line of State Road 586 (Curlew
Road) and the Northerly lot line of said Lot 82; thence South 00026'51" East, 25.00 feet;
thence North 70.59'48" West, 35.52 feet; thence North 20.35'05" East, 14.00 feet; thence
North 69.17'36" West, 171.51 feet to the POINT OF BEGINNING.
Contains 2507 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
EASEMENT
OATE
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 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
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 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' B
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 144.03
PAGE 2
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JPINELLAS COUNTY FLA.
OF .REC.BK 8824 PG 2052
This instrument prepared by, or
Under thll. direction of I{N
Kenn&lh G. Wing ,
Assistanl General Counsel
Department of Transportation
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:
WIT~~~J-~ J
PRINT NAME -.../+.."...... . I ...twel
1?ht1-\.,0-.\-k\~,.A.J M
WITNESS \ '
PRINT NAME'1<n\',EKiI='6R\IY\Slef.j,
STATE
SPORTATION
By:
Direct
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing
October
OF PRODUCTION
instrument
, 1994
for District
was acknowledged before me this
,by Kermeth A. Hartmarm
VII , who is personally known to me~or
aiel ':"d.~l.~ir':"....aLluu.
24
day of
DIRECTOR
pJt.~al:lG'&ld
,
wuu 1.........
~~.
PRINT NAME :.Deanna t..AlnArnii'ln
Notary Public in and for the
County and state last aforesaid.
My commission Expires:
Serial No., if any:
,,"""" DEANNA L. AlDERMAN ,
.,~~P~,~ <
Pf~' .. ..t;, MY COMMISSION! CC 381971 :.
,', , , EXPIRES' July 17. 1998 .
"-', 'p . \
...1,~ ...,.,,*,~ Bonded ThIU NotarY Public UndeJWriters ,
,.?,f",,"
PARCEL 144.03
PAGE 3
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IPINELLAS COUNTY FLA.
OF'.REC.BK 8824 PG 2053
This instrument prepared by, or
Under the direction Of~
Kenneth G, Wing
Dep~~~~~~~!?~;.';'::'~U;;~~t tion
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
its Board of City commissioners acting by the Chairperson or Vice-Chairperson of
rd, 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
, 199 , by
(or Vice-Chairperson) of the CITY OF CLEARWATER
personally known to me or who has produced
this day of
, Chairperson
City Council, who is
as identification4
PRINT NAME
Notary Public in
County and State last aforesaid.
My Commission Expires:
Serial N041 if any:
PARCEL 144.03
PAGE 4
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.. PINELLAS COUNTY FLA.
~F.REC.BK 8824 PG 2054
CITY OF CLEARWATER
By:
<P//?7~~
EliVilieth M...eptu1a.",
city 'M.an_~ger J""
sianer
. ~ . . , . . .
"
Attest:
'.\',.'
~
'r-Cynth"
\ ,-.~~
~~o .' ,. ~'00rJ~...~' ,..........
-":Ii;' "r. ,\:J,\<:':-''''
11Ji<lt!d'"
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor-
Commissioner of the city of Clearwater I 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.;;?{~ay of ~, 1994.
~e{lU~~
NotarY Public, State of Florida
'l/I:3 cunm. expllCi> M,...J' 2.2, 199!
QxJlIIl. No. CC 111741
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 thi..;{r~'~ay of ~,p1<...... &Lo\./, 1994.
1)
C(}" ~ik.Otyt:: ~
Notary Public
Print/type name:
lletar~T n"h.l.", 0:;:..",+", nf li'll\...inlll
My conun. expires May 22, 1995
Comm. No. CC 111741
CLty Attorney
PARCEL 144.03
PAGE 4
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