CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 804.07CD
, I
This instrument prepared by,
or under the directio f
Kennelh G. Wing .
Asslstanl General CouRsel
Department of Transpo
11201 N. Malcolm McKin
Tampa, Florida 33612
INST # 95-285788
NOV 8, 1995 4:411M
11 RECCi':C" ...
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REC
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PINELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 499
PARCEL
WPI NO.
S.R.' NO.:
COUNTY
SECTION :
804.07CD
7117045
55
PINELLAS
15150-2566
:':713
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TOTAL
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ROGER WHITLEY
Legal Description Approved:
Date: 01/06/95 By:
UTL.04
CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~ day of Nm't!.m),,,,..., 199 5, 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 be~h
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 consideration of the mutual covenants and promises of the parties
hereto, city and FOOT 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:
That part of:
Beginning from th~ Southwest corner of Section 8, Township 29 South, Range 16 East, also
the point of intersection of centerlines of rights-af-way for U.Se 19 and Drew Street, run
thence along the centerline of Drew Street, South 89 deg. 56'22" East, 100.00 feet; thence
North 0 deg. 54'41" East, 50.01 feet to the intersection of the Easterly right-of-way line
of U.S. 19 and the Northerly rightS-Of-way line of said Drew Street; run thence along the
said.Northerly right-Of-way line of Drew Street, South 89 deg. 56'22" East, 340.00 feet
for a Point of 8eginning #2; thence proceed North 0 deg. 03'38" East, 60.00 feet; thence
North 0 deg. 54'41" East, 1238.56 feet; thence South 89 deg. 44'11" East, 240.88 feet;
thence South 0 deg. 54'41" West, 1147.71 feet; thence North 89 deg. 56'22" West, 125.00
feet; thence South 00 deg. 54'41" West, 150.00 feet to the said Northerly right-of-way line
of Drew Street, thence along the said right-Of-way line North 89 deg. 56'22" West, 115.00
feet to the Point of Beginning #2. Subject to water main easement as recorded in O.R. Book
5238, Pages 1081 & 1082, Pinellas County, Florida.
PARCEL 804.07CD
R~se.
~rTv RN 10
~
FLORIDA DEPT. OF TRANSPORTATION /.
ATTN: M.S. 7.900, RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAMPA. FLORIDA 33612.6403
PAGE 1
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This instrument prepared oy,
or under the direction
Kenneth G. Wing
Assistant General Counsel
Department of Transport
IINELLAS COUNTY FLA.
OFF:REC.BK 9160 PG 500
Said Parcel containing 6.747 acres more or less.
Together with the following described ingress and egress easement:
Beginning from the Southwest corner of said Section 8, Township 29 South, Range 16 East,
also the point of intersection of centerlines of rights-af-way for U.s. 19 and Drew Street,
run thence along the centerline of the said Drew street South 89 deg. 56'2211 East, 100.00
feet; thence North 00 deg. 54'41" East, '50.01 feet to the intersection of the Easterly
right-oi-way line of U.S. 19 and Northerly right-ot-way line of said Drew Street; run
thence along the said Northerly right-ai-way line of the said Drew Street, South 89 de9~
56' 22" East, 340.00 feet; thence North 00 deg. 03' 38" East, 60.00 feet for a Point of
Beginning #3; thence run along a curve to "the left having a radius of 170.00 feet, an arc
of 100.05 feet, a delta of 33 deg. 43'13", a chord of 98.61 feet a chord bearing of North
16 deg. 47' 55.5" West; thence North 00 deg. 54'41" East, 407.07 feet; thence South 89 deg.
56'22" East, 30.00 feet; thence South 00 deg. 54'41" West, 501.45 feet to the Point of
Beginning #3.
Containing 0.302 acres more or less.
AND
Beginning from the Southwest corner of Section 8, Township 29 South,. Range 16 East, also
the point of intersection of centerlines of rights-of-way for U.S. 19 and Drew Street, run
thence along the centerline of Drew street, South 89 deg. 56'22" East, 100.00 feet; thence
North 0 deg. 54'41" East, 50.01 feet to the intersection of the Easterly right-of-way line
of u.s. 19 and the Northerly rights-of-way line of said Drew Street; run thence along the
said Northerly right-of-way line of Drew Street, South 89 deg. 56'22" East, 340.00 feet;
thence proceed North 0 deg. 03'38" East, 60.00 feet; thence North 0 deg. 54'41" East,
501.45 feet to Point of Beginning #1.
From said Point of Beginning #1 proceed North 89 deg. 56'22" West, 299.12 feet; thsnce
North 0 deg. 54'41" East, 210.00 feet; t&ence North 89 deg. 56'22" West, 40.00 feet to the
Easterly right-of-way of U.S. 19; thence along said Easterly right-of-way line North 0 deg.
54'41" Eaat, 528.31 feet; thence South 89 deg. 44'11" East, 339.10 feet; thence South 0
deg. 54'41" West, 737.11 feet to the Point of 8eginning #1. Subject to water main easemsnt
as recorded in O.R. Book 5238, pages 1081 & 1082, Pinellas County, Florida.
Said Parcel containing 5.500 acres more or less.
Together with the following described ingress and egress easement:
Beginning from the Southwest corner of said Section 8, Township 29 South, Range 16 East,.
also the point of intersection of centerlines of rights-of-way for U.S. 19 and Drew Street,
run thence along the centerline of the said Drew Street South 89 deg. 56'22" East, 100.00
feet; thence North 00 deg. 54'41" East, 50.01 feet to the intersection of the Easterly
right-ai-way line of U.S. 19 and Northerly right-of-way line of the said Drew Street; run
thence along the said Northerly right-of-way line of the said Drew Street, South 89 deg.
56'22" East, 340.00 feet; thence North 00 deg. 03'38" East, 80.00 feet for a Point of
Beginning #3; thence run along a curve to the left having a radius of 170.00 feet, an arc
of 100.05 feet, a delta of 33 deg. 43'13", a chord of 98.61 feet a chord bearing of North
16 deg. 47'55.5" Nest; t&dnce North 00 deg. 54'41" East, 407.07 feet; thence South 89 deg.
56'22" East, 30.00 feet; thence South 00 deg. 54'41" West, 501.45 feet to the Point o"f.
Beginning #3.
Containing 0.302 acres more or less.
AND:
PARCEL 804.07CD
PAGE 2
This instrument preparedlbY,
or under the direction 0
Kenneth G. Wing
Assistant General Counsel
Department of Transport
IPINELLAS COUNTY FLA.
O~.REC.BK 9160 PG 501
Beginning from the Southwest corner of the said Section 8, Township 29 South, Range 16
East, alea the point of intersection of centerlinee of rights-af-way for U.S. 19 ~nd D~ew
street, run thence along the centerline of the said Drew Street, South 89 deg. 56'22" East,
100.00 feet; thence North 00 deg. 54'41" East, 50.01 feet to the intersection of the
easterly right-af-way line of U.s. 19 and the Northerly right-af-way line of Baid Drew
street; run thence along the said Northerly right-af-way line of Drew Street, South 89 deg.
56'22" East, 340.00 feet; thence North 00 deg. 03'38" East, 60.00 feet; thence North 00
deg. 54'41" East, 501.45 feet; thence North 89 deg. 56'22" West, 339.12 feet to the said
Easterly right-of-way line of u.s. 19, also the Point of Beginning #4; thence run along
the said right-of-way line, North 00 deg. ~4'41" East, 210.00 feet, thence South 89 deg.
56'22" East, 40,00 feet; thence South 00 deg. 54'41" West, 210.00 feet; thence Ndrth 89
deg. 56'22" West, 40.00 feet to the Point of Beginning #4.
Containing 0.193 acres more or less.
Lying within the following described boundary, to-wit:
Commence at a railroad spike marking the Southeast corner of the Southwest 1/4 of Section
8, Township 29 Southr Range 16 Eastr Pinellas County, Florida; thence N 89056'49" W,
2009.16 feet along the. South boundary of the Southwest 1/4 of said Section 81 thence
N 00003'11" E, 50.00 feet to the North right-Of-way line of Drew Street; thence
N 00054'56" E, 149.74 feet; thence N 89056'47" W, 59.01 feet; thence N 05035'41" E, 49.03
feet; thence N 00054'56" E, 500.00 feet; thence N 03005'19" W, 100.24 feet; thence
N 01029'18" E, 100.01 feet; thence N 04036'16" E, 93.25 feet to a point on a curve concave
to the Southwest and having a radius of 350.00 feet} thence Northwesterly along the arc
of said curve 25.63 feet through a central angle of 04011'45", a chord distance of 25.63
feet and a chord bearing of N 01010'57" W to the POINT OF BEGINNING; thence continuing
Northwesterly along the arc of said curve 31.69 feet through a central angle of 05011' 13",
a chord distance of 31.67 feet and a chord bearing of N 05052'26" W; thence N 89005'20" W,
33.18 feet; thence S 48039'57" E, 48.51 feet to the POINT OF BEGINNING.
Containing 529 square feet, more or less.
"THIS CORRECTIVE SUBORDINATION OF UTILITY INTERESTS IS BEING GIVEN TO CORRECT, THE LEGAL
DESCRIPTION CONTAINED IN THAT CERTAIN SUBORDINATION AGREEMENT RECORDED IN OFFICIAL RECORD
BOOK 8698, PAGE 1190 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA DATED 06/03/94."
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE . ... BOOK/PAGE
EASEMENT 07/30/86 AUTOHANAGE, INC. CITY OF CLEARWATER 6366/1051
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
PARCEL 804.07CD
PAGE 3
This instrument prepared
or under the direction 0
Kenneth G. Wing
Assistant Generai Counsel
Department of Transport
t,
I PINELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 502
on
agreement is executed. Any new construction or relocation of facilities within the
~ands will be subject to prior approva~ by the FOOT. Shou~d 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 lande, 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 pr9vlsions 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 de~cribed 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 Buch 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 FOOT
against any loss or damage resulting from the City exercising its rights outlined
in Paragraphs ~ and 3 above.
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence of:
~ q L/_I/
WITNESS j J --r:-
P NAME >Ie,.,. I ;dw-e.11
. STATE ATION
Production for
PRINT NAME KENNETH A. HARTMANN
ADDRESS ~120~ N. MALCOLM McKINLEY Dr.
TAMPA FL 336~2
PARCEL 804.07CD
PAGE 4
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IpINELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 503
This instrument prepared by,
or under the directiOfjUOf '
Ksnneth G. Wing
Assistant General Counsel
Department of Transpo ion
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
foregoing~nstrument was acknowledged before
, 199~, by KENNETH A. HARTMANN . DIRECTOR
v:rr , who is personally known to me er . 'R9 R3S prOCil;leE:6
--icl... l.Jll::lltlI:~ca"Cion.
~
me this
OF PRODUCTION
I~ day of
for District
~~.~
/
.';itt,'" DEANNA L. ALDERMAN
f:Yj,/f:, MY COMMiSSiON' CC 381971
;,,; ~ '.' EXPIRES: July 17. 1998
-:":if" ri--~~:: BonOOd 1hru Notary PublIc 1JnderNrfters
"R..".,
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
IN
name by its
said Board,
WHEREOF, the said grantor has caused these presents to be executed in its
Board 0 .' Commissioners acting by the Chairperson or Vice-Chairperson of
the day and year id.
ATTEST:
CITY OF CLEARWATER r Florida,
By Its City Council
PRINT NAME
Clerk (or Deputy Cle
By:
Its Chairperson (or Vice-Chairperson)
AME
ADDRESS
PARCEL 804.07CD
PAGE 5
I
JINELLAS COUNTY FLA.
OF .REC.BK 9160 PG 504
IN WITNESS WHEREOF, the said grantor has caused these presents
to be executed in its name by its Mayor-Commissioner and its city
Manager, the day and year aforesaid.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
E~t~ D~Ptu1a
C ty Manager .
r-commissioner
Attest:
'// r:
"
,.
,
STATE OF FLORIDA
COUNTY OF PINELLAS
,"
....
,
'I;,.
BEFORE ME, the undersigned, personally appeared Rita Garvey,
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 seal thisd't~ay of ~
(' -
~ . i, '-.0,' a . ^
o~C7\ 7~
,,"?-~ PIJ"
, 1995.
Notary Public
Print/type name:
CAROLnl L. BRINK
C 4630<10
~ .:![ EXPIRES MAY 22,1999
~ ~ BONDED THRlJ
'1"Jt:Of- t-\.c::.~ ATLANTIC BONDING CO., INC.
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 seal this~~~day of ~ ,1995.
. CQ.. ~ ~~~ 2t ~ (.r,!l~K
Notary PubllC ~ ."'~ PIJ l;M,.,-, ,.... ..
. 2;~~-~ COMMISSiCI'~ It CC463040
Prlnt/type name: '" '" <XPIRESMAY22,1999
~ 1J BONDED THRU
;g; },'" .,mc DONOING cO., INC.
as to form and legal suffi ~~~cy":'
L
Pamela . Akin, city Attorney
PARCEL 804. 07CD
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