CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 129.04CD
This instrument prepared b , I,
or under the directi .
INST # 95-285787
NOV 8, 1995 4:41PM
KennelhG. Wing
D~~~I/rl~n'H~1
11201 N. Malcolm Mc 'n1ey
Tampa, Florida 33612
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PINELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 492
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
129.04CD
7117045
55
PINELLAS
15150-2566
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Legal Description Approved:
Date: 03/25/95 By: DUANE J. MILK
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UTL.04
CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~ day of A!oveh>he~, 1995, 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 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, 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 a
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 FOOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
That part of:
Lot 1, CLEARWATER "19" COMMERCE PARK, according to plat thereof recorded in Plat Book 95,
Page 1, Public Records of Pinellas County, Florida, lying in Section 8, Township 29 South,
Range 16 East, Pinel1as County, Florida.
Lying within the following described boundaries, to-wit:
PARCEL 129.04CD
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FLORIDA DEPT. OF TRANSPORTATION
AITN: M.S. 7-900, RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAl\IPA, FLORIDA 33612-6403
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PAGE 1
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This instrument prepar d by
or under the direction of
Kennelh G. Wing
Assistant General Counsel
Department of Transpo ation
PI~LLAS COUNTY FLA.
OFF.REC.BK 9160 PG 493
PART "A"
RIGHT-OF-WAY
Commence at a Pinellas County Engineering Department concrete monument with nail and disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pine11as County, Florida; thence N 89"30'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest
1/4 of said Section 8; thence S 00"54'50" W, 780,11 feet along the West boundary of the
Southwest 1/4 of said Section 8; thence S 89"44'11" E, 130.02 feet to the East right-of-way
line of U. S. #19, and the Northwest corner of Lot 1 of CLEARWATER "19" COMMERCE PARK,
according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records
of Pinellas County, Florida; thence along the North boundary of said Lot 1, S 89044'11",E,
150.81 feet; thence S 37008'45" E, 84.69 feet "to the point of curvature of a curve concave
to the Southwest and having a radius of 50.00 feet; thence Southeasterly along the arc of
said curve 33.45 feet through a central angle of 38019'41", a chord distance of 32.83 feet
and a chord bearing of S 17058' 55" E to the point of tangency of said curve; thence
S 01"10'56" W, 131.58 feet; thence S 39"29'00" W, 32.62 feet to the POINT OF BEGINNING;
thence S 89"44'08" E, 70..22 feet; thence S 46"34'42" E, 16.06 feet; thence S 86"18'25" E,
33.39 feet; thence S 00"15'52" W, 41.55 feet to a point on the North boundary of Lot 2 of
said CLEARWATER "19" COMMERCE .PARK; thenc~ along said North boundary, N 89"44'40" W, 338.75
feet to a point on the Easterly right-of-way line of U.S. #19, said point also being the
Northwest corner of said Lot 2; thence along the Easterly right-of-way line of u.s. #19,
N 00"51'01" E, 38.33 feet; thence S 87"22'30" E, 203.10 feet; thence N 39"29'00" E, 31.79
feet to the POINT OF BEGINNING.
Containing 13,606 square feet, more or less.
AND
PART "B"
WATER STORAGE/MITIGATION AREA
Commence at a Pinellas County Engineering Department concrete monument with nail and disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89"30'59" W, 2714.71 feet along the North
boundary of the southwest 1/4 of said Section 8 to the Northwest corner of the Southwest
1/4 of said Section 8; thence S 00"54'50" W, 780.11 feet along the West boundary of the
Southwest 1/4 of said Section 8; thence S 89" 44' 11" E, 130.02 feet to the East right-of-way
line of U.S. #19, and the Northwest corner of Lot 1 of CLEARWATER "19" COMMERCE PARK,
according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records
of Pine11as County, Florida; thence along the North boundary of said Lot 1, S 89"44'11" E,
75.00 feet to the POINT OF BEGINNING; thence continue along the North boundary of said Lot
1, S 89"44'11" E, 75.81 feet; thence S 37"08'45" E, 84.69 feet to the point of curvature
of a curve concave to the Southwest and having a radius of 50.00 feet; thence Southeasterly
along the arc of said curve 33.45 feet through a central angle of 380 19 ~ 41", a chord
distance of 32.83 feet and a chord bearing of S 17"58'55" E to the point of tangency of
said curve; thence 5 01010'56" W, 131.58 feet; thence S 39029'00" W, 64.41 feet; thence
N 87"22'30" W, 203.10 feet to a point on the Easterly right-of-way line of U.S. #19; thence
along said Easterly right-of-way line the following three (3) courses: 1) N 00"57'01" E,
197.18 feet; 2) S 89"04'15" E, 30.00 feet; 3) N 00"55'45" E, 61.73 feet; thence
S 89"44'11" E, 75.00 feet; thence N 00"55'45" E, 13.00 feet to the POINT OF BEGINNING.
Containing 1.389 acres, more or less.
AND
PART "c"
RIGHT OF WAY
PARCEL 129.04CD
PAGE 2
This instrument prepared
or under the direction
. Kenneth G. Wing
Assistant General Counsel
Department of Transport ion
fINELLAS COUNTY FLA.
OFFJREC.BK 9160 PG 494
Commence at a Pinellas County Engineering Department concrete monument with nail & disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pine11as County, Florida; thence N 89030'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest
1/4 of said Section 8; thence S 00054'50" W, 1350.20 feet along the West boundary of the
Southwest 1/4 of said Section 8 to the Southwest corner of the Northwest 1/4 of said
Southwest 1/4; thence S 89044'18" E, along the South boundary of said Northwest 1/4 of the
Southwest 1/4, a distance of 99.68 feet to a point on the East right-of-way line of U.S.
#19, and the Southwest corner of Lot 2, CLEARWATER "19" COMMERCE PARK, according to map
or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas
County, Florida; thence along the South boundary of said Lot 2, S 89Q44'18" E, 379.10 feet
to the southeast corner of said Lot 2 and the POINT OF BEGINNING; thence N OP08'55" E,
51e76 feet along the East boundary of said Lot 2 to a point on a curve concave to the
Northeast and having a radius of 350.00 feet; thence Southeasterly along the arc of said
curve 63.08 feet through a central angle of 10019'35", a chord distance of 62.99 feet and
a chord bearing of S 45019'57" E to the point of reverse curvature with a curve concave
to the Southwest having a radius of 400.00 feet; thence Southeasterly along the arc of said
curve 11.92 feet through a central angle of 01042'24", a chord distance of 11.91 feet and
a chord bearing of S 49038'32" E to a point on the South boundary of said CLEARWATER "19"
COMMERCE PARK; thence along said South boundary, N 89044'18" W, 54.92 feet to the POINT
OF BEGINNING.
Containing 1,334 square feet, more or less.
AND
PART "0"
WATER STORAGE/MITIGATION AREA
Commence at a Pinellas County Engineering Department concrete monument with nail & disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida; thence N 89030'59" W, 2714.71 feet along the North
boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Soutpwest
1/4 of said Section 8; thence S 00054'50" W, 1350.20 feet along the West boundary of the
southwest 1/4 of said Section 8 to the Southwest corner of the Northwest 1/4 of said
Southwest 1/4; thence S 89044'18" E, along the South boundary of said Northwest 1/4 of the
Southwest 1/4, a distance of 99.68 feet to a point on the East right-of-way line of U.S.
#19, and the Southwest corner of CLEARWATER "19" COMMERCE PARK, according to map or plat
thereof, recorded in Plat Book 95, Page 1, of the Public Records of pinellas County,
Florida; thence along the South boundary of said CLEARWATER "19" COMMERCE PARK,
S 89044'18" E, 434.02 feet to the POINT OF BEGINNING; thence continuing S 89044'18" E,
146.32 feet along said South boundary; thence N 00054'56" E, 40.00; thence N 89044'18" W,
190.42 feet to a point on a curve concave to the Northeast having a radius of 350.00 feeti
thence southeasterly along the arc of said curve 47.33 feet through a central angle of
07044'54", a chord distance of 47.30 feet and a chord bearing of S 46037'17" E to the point
of reverse curvature with a curve concave to the Southwest having a radius of 400.00 feet;
thence Southeasterly along the arc of said curve 11.92 feet through a central angle of
01042'24", a chord distance of 11.91 feet and a chord bearing of S 49038'32" E to the POINT
OF BEGINNING.
Containing 6,774 square feet, more or less.
Parcel 129 containing a total of 1.887 acres, more or less.
PARCEL 129.04CD
PAGE 3
This instrument prepared byl
or under the directio f
Kenneth G. Wing
Assistant General Counse
Department of Transpor"
PINEL LAS COUNTY FLA.
OFF. EC.BK 9160 PG 495
"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 1161 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA DATED "':;/".1./94."
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 12/13/82 FRANK C. KUNNEN, CITY OF CLEARWATER 5458/245
JR.
EASEMENT 12/20/85 FRANK C. KUNNEN, CITY OF CLEARWATER PLAT BOOK
JR. 95, Page 1
PROVIDED that the city has the following rights:
l~. 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
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 FDOT ~ 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 129.04CD
PAGE 4
This instrument prepared
or under the direction 0
I<enneltl G. Wing
Assislanl General Counsel
Department of Transport
(INELLAS COUNTY FLA.
OFF REC.BK 9160 PG 496
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first above writtenw
Signed, sealed and delivered in
the presence of:
S-L () /-.J_I/
WITNESS <: I I J.-r.-
PR :r NAME ~ven . lidw II
STATE
By:
Direct
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
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STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
~ foregoing instrumeDJ>-- was j!.J>~nowledg.l'd. b.etOrEf) me +his Z ~J---;;ay of
, 199 ~ ,by ~ ~. ~-., ~~ ~~RECTOR
OF PRODUCTION for District VII ,who is personally known to me e,: wl,~ 1.~8 j9E'sEh.ee:d
as ia~Rtif~~aLlun.
~~d{
PRINT NAME j) 6 f<- ~ It L, I~ t R.. /h;nJ
Notary Public in and for the
County and state last aforesaid.
My Commission Expires:
Serial No., if any:
''''~'''''' DEANNA L ALDERMAN
5i:&"""%}' MY COMMISSION N CC 381971
-... ~.~ 998
k1 '.; EXPIRES: July 17. 1
~""~J oT~~~~. Bonded Thltl NotarY PublIc UnderwrttBrs
""I.,\'~
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PARCEL 129.04CD
PAGE 5
I
PI~ELLAS COUNTY FLA.
OFF.HJC.BK 9160 PG 497
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:
~~~De:tula
ty Manager
r-commissioner
Attest:
~2?"
ia E. Goudeau, City Clerk
-''t-
STATE OF FLORIDA
COUNTY OF PINELLAS
. .'
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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.
'/-t.. /') .f I
WITNESS my hand and seal this~Lj. day of ~,1995.
C~ ~R~N~o
No~ary Public ~ <6 co~:~':~s-~i(~);~1;Y~~2~\('~99
Prlnt/type name: - U""DC,'OEDTI1RUO IHC.
~ ;.go.: LANTIS B ~OIHG G .,
.'It'-Of ,\.'.>' 1\1
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~i~ay of ~
('~. 0 ~~
Notary Public ~ ~y "'1 CAROLYN L. BRINK
Print/type name: /:;Jti"" COMMISSION~CC463040
- EXPIRES MAY 22,1999
~ ff OOt.JCED THRU
Approve as to form and legal sufficf'~~:"L^,,mcBoNDlNGco..INc.
LL
Pamela . Akin, city Attorney
PARCEL 129.04CD
, 1995.
PAGE 6
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