CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 117.07CD
This instrument prepare
or under the directio
Ke'nnelh G. Wing
Dep~~~G8~e~QR~~~
11201 N. Malcolm McKin
Tampa, Florida 33612
INST # 95-285786
NOV 8, 1995 4:41PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 484
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PARCEL
WPI NO. :
S.R. NO.:
COUNTY
'SECTION:
117.07CD
7117045
55
PINELLAS
15150-2566
;;./,";
Legal Description
Date: 01/06/95
UTL.04
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Approved: ~~L~l~
By: ROGER WHITLEY
CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~ day of NDvembt>r, 199.2, 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 E:
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 theFDOT; and
WHEREAS, the FDOT is willing to p'ay 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 FOOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
That part of:
Beginning from, the Southwest corner of Sec~ion 8, Township 29 South, Range 16 East, also
the point of intersection of centerlines of rights-ai-way for U.5. 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 Beginning #2; thence proceed North 0 deg. 03'38" East, 60.00 feet1 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
feet1 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 117. 07CD
R~f1Sr
Re.TUI\'N
T"C:>,..
FLORIDA DEPT. OF TRANSPORTATION
ATTN, M.S. 7-900, RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
v/
PAGE 1
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This instrument prepare
or under the direction
Kennelh G. Wing
Asslstanl General Counse
Department of TranBpo~
tINELLAS COUNTY FLA
OFF.~EC.BK 9160 PG 485
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-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-of-way line of U.S. 19 and Northerly right-of-way line of 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, 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.
56'2211 East, 30.00 feet; thence South 00 deg. 54'41'1 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 Baid Point of Beginning #1 proceed North 89 deg. 56'22" West, 299.12 feet; thence
North 0 deg. 54'41" East; 210.00 feet; thence 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" EaBt, 528.31 feet; thence South 89 deg. 44'11" East, 339.10 feet; thence South 0
deg. 54' 41" WeBt, 737.11 feet to the Point of Beginning #1. Subj ect to water main easement
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 a, 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" EaBt, 100.00 feet; thence North
00 deg. 54'41" East, 50;01 feet to the intersection of the Easterly right-of-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 Baid 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" 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 the 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
PARCEL 117. 07CD
PAGE 2
This instrument prepare
or under the directio
Kenn~th G. Wing
Dep~PlJa.Wil: Gil~erilh~g~~"Jb
PljELLAS COUNTY FLA.
OFF.R~C.BK 9160 PG 486
ion
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-of-way line of u.s. 19 and the Northerly right-of-way line of said Drew
Street; run thence along the said Northerly right-ai-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 8eginning #4; thence run along
the said right-of-way line, North 00 deg. 54'41" 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 North 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 boundaries, to-wit:
PART "Ar!
Commence at a railroad spike marking the Southeast corner of the Southwest 1/4 of Section
8, Township 29 South, Range 16 East, Pinellas County, Florida, thence N 89056'49" W,
2689.93 .feet along the South boundary of the Southwest 1/4 of said Section 8 to the
Southwest corner of the Southwest 1/4 of said Section 8; thence along the West boundary
of the Southwest 1/4 of said Section 8; N 00054'50" E, 1350.02 feet to the Northwest corner
of the Southwest 1/4 of the Southwest 1/4 of said Section 8; thence S 89044'18" E, 99.68
feet along the North boundary of said Southwest 1/4 of the Southwest 1/4 to the East
right-Of-way line of U.S.#19 and the POINT OF BEGINNING; thence S 89044'18" E, 33.64 feet
along said North boundary of the Southwest 1/4 of the Southwest 1/4; thence S 01" 36' 39" E,
214.51 feet to the point of curvature of a curve concave to the West and having a radius
of 6044.60 feet; thence Southerly along the arc of said curve 400.60 feet through a central
angle of 03047'52", a chord distance of 400.59 feet and a chord bearing of S 00017'17" W
to the point of tangency of said curve; thence S 02011' 13" W, 123.14 feet; thence
N 89056'24" W, 44.70 feet to the East right-Of-way line of U.S.#19; thence N 00054'39" E,
738.26 feet along said East right-of-way line to the POINT OF BEGINNING.
Containing 0.756 acres, more or less.
AND
PART "B"
Commence at a railroad spike marking the Southeast corner of the Southwest 1/4 of Section
8, Township 29 South, Range 16 East, Pinellas County, Florida; thence N 89056'4911 W,
2009.16 feet along the South boundary of the Southwest 1/4 of said Section 8; 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 to the POINT OF'BEGINNING; thence N 89056'47" W, 59.01 feet;
thence N 05035'41" E, 49a03 feet.; thence N .00054'56" E, SOOaOO feet; thence N 03005'19T1 W,
100.24 feet; thence N 01"29'18" 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 350aOO. feet; thence
Northwesterly along the arc of said curve 314.06 feet through a central angle of 51"24' 40",
a chord distance of 303.62 feet and a chord bearing of N 24047'24" W to a point of reverse
curvature with a curve concave to the Northeast and having a radius of 400aOO feet; thence
Northwesterly along the arc of said curve 4Sa95 feet through a central angle of 06034'57",
a chord distance of 45.93 feet and a chord bearing of N 47'12'16" W to the South boundary
of CLEARWATER "19" COMMERCE PARK, according to the map or plat thereof, recorded in Plat
Book 95, Page 1, of the Public Records of Pinellas County, Florida, also being the North
boundary of the Southwest 1/4 of the Southwest 1/4 of said Section 8; thence along said
boundaries S 89044'18" E, 74.59 feet to a point on a curve concave to the Southwest and
having a radius of 400.00 feet; thence Southeasterly along the arc of said curve 347.00
feet through a central angle of 49042'16", a chord distance of 336.22 feet and a chord
PARCEL 117. 07CD
PAGE 3
, Kenneth G. Wing ~'
, . AssIslanl General Counse
'Department of Transpo atiln
P1NELLAS COUNTY FLA.
OFF.REC.BK 9160 PG 487
bearing of S 23056'12" E; thence S 89005'04" E, 5.00; thence S 00054'56" W, 841".05 feet
to the POINT OF BEGINNING.
Containing 1.501 acres, more or less.
AND
PART "e"
Commence at a railroad epike marking the Southeast corner of the Southwest 1/4 of Section
8, Township 29 South, Range 16 East, Pinellas County, Florida; thence N 89056'49" W,
2009.16 feet along the South boundary of the Southwest 1/4 of said Section 8; thence
N 00003' II" E, 50.00 feet to the North right-of-way line of Drew Street; thence
N 00054'56" E, 990.79 feet to the POINT OF BEGINNING; thence continuing N 00054'56" E,
30G.76 feet to the South boundary of CLEARWATER "19" COMMERCE PARK, according to the map
or plat thereof, recorded in Plat Book 95, Page 1 of the Public Records of Pinellas County,
Florida, also being the North boundary of the Southwest 1/4 of the Southwest 1/4 of said
Section 8; thence along said boundaries, N 89044'1S" W, 146.32 feet to a point on a curve
concave to the Southwest and having a radius of 400.00 feet; thence Southeasterly along
the arc of said curve 347.00 feet through a central angle of 49042'16", a chord distance
of 336.22 feet and a chord bearing of S 23056'12" E; thence S 89005'04" E, 5.00 to the
POINT OF BEGINNING.
Containing 14,821 square feet, more or les8.
AND
PART "0"
Commence at a railroad spike marking the Southeast corner of the Southwest 1/4 of Section
8, Township 29 South, .Range 16 East, Pinellas County, Florida; thence N 89056'49" W,
2009.16 feet along the South boundary of the Southwest 1/4 of said Section 8; then~e
N 00'03 '11" E, 50.00 feet to the North right-of-way line of Drew Street; 'thenc'"
N 00054'56" E, 1297.55 feet to the South boundary of CLEARWATER "19" COMMERCE PARK,
according to the map or plat thereof, recorded in Plat Book 95, Page 1 of the Public
Records of Pinellas County, Florida, also being the North boundary of the Southwest 1/4
of the Southwest 1/4 of said Section 8; thence along said boundaries, N 89044'18" W, 220.91
feet to a point on a curve concave to the Northeast and having a radius of 400.00 feet;
thence Southeasterly along the arc of said curve 5.41 feet through a central angle of
00046'30", a chord distance of 5.41 feet and. a chord bearing of S 44018'02" E to the POINT
OF BEGINNING; thence continuing along the arc of said curve 40.54 feet through a central
angle of 05048'27", a chord distance of 40.53 feet and a chord bearing of S 47035'31" E
to the point of reverse curvature with a curve concave to the Southwest and having a radius
of 350.00 feet; thence along the arc of said curve 256.74 feet. through a central angle of
42'01'42", a chord distance of 251.02 feet and a chord bearing of S 29028'53" E; thence
N 89005'20" W, 108.35 feet; thence N 47'49'13" W, 65.19 feet; thence N 00054'40" E, 200.38
feet to the POINT OF BEGINNING. '
Containing 0.541 acres, more or less.
Parcel 117 containing a total of 3.138 acres, more or leBs.
PARCEL 117. 07CD
PAGE 4
This instrument prepar~ by,
or under the direction f
Kenneth G. WIng
Assistant Ge.neral Counse
Department of Transpor
.----.........._-~;.:..;;;,~~;:.'
PINELLAS COUNTY FLA.
OjF.REC.BK 9160 PG 488
"THIS CORRECTIVE SUBORDINATION OF UTILITY INTERESTS IS BEING GIVEN TO CORRECT THE LEGAt,
DESCRIPTION CONTAINED IN THAT CERTAIN SUBORDINATION AGREEMENT RECORDED IN OFFICIAL RECORD
BOOK 8698, PAGE 1142 OF THE PUBLIC'RECORDS OF PINELLAS COUNTY, FLORIDA DATED 06/03194."
RECORDED
NATURE OF
ENCUMBRANCE
EASEMENT
DATE
FROM
TO
O.R.
BOOK/PAGE
6366/1049
6366/1051
6493/313
EASEMENT
07/30/86
07/30/86
04/07/87
AUTOMANAGE, INC.
CITY OF CLEARWATER
EASEMENT
AUTOMANAGE, INC.
CITY OF CLEARWATER
AUTOMANAGE, INC.
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, UtUity 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 FDOT faU 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 I above, inCluding the right to trim such treee,
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 FDOT
PARCEL 117. 07CD
PAGE 5 ,.
I
This instrument prepared by,
or under the direction f
Kenneth G. Wing
Depa~~~h~~&fn~~Ra~B
IINELLAS COUNT~GFL~89
OFF.REC.BK 9160
against any loss or damage resulting from the City exercising its rights outlined
in Paragraphs 1 and, 3 above.
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:
SL CJ.U_/j
WITNESS <: I -r:-
P NAME 0+< e,..,J ';dwell
STATE OF
Production for
PRINT NAME KENNETH A. HARTMANN
ADDRESS 11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
{
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
~
me this ~~ay of
OF PRODUCTION for District
foregoing~instrument was acknowledged before
, 199~, by KENNETH A. HARTMANN , DIRECTOR
VIr ~ who is personally known to me 0.. wl~.... I......... ~.........,j,..1.l..;t::::l6
as ~dentiiIcdLl~J~
~;;i.~
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
""...... DEANNA"L.ALDERMAN;
,15':A'j/I,.r'~" MY COMMISSION I CC 381971
1'; 1'~ EXPIRES: July 17, 1998
~. .~ UndlIrwfltBrs
'Z1.....'f' _ThruNolalyPubl~
..lit,,,.
PARCEL 117.07CD
PAGE 6
I
piNEL LAS COUNTY FLA.
OFF.REC.BK 9160 PG 490
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.
Cou tersi
~
CITY OF CLEARWATER, FLORIDA
By:
~~~':Ptu1a
~ty Manager
R ta Garvey,
-commissioner
Attest:
Goudeau,}::tty Cl;rk.
. "
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 this.,{'i~ay of
~t>f.-v-Of.~
t bl' ,
No. ary Pu ~c .(i-'( Pu CAROLYN L. BRINK
Pr~nt/type name: ~ 1::. COMM:SSION#CC403040
;; is EXPiRES MAY 22,1999
-1: ;s: BONDED THRU
~DF r\-'&' ATLMITtC BONDiNG CO.,ING.
~
, 1995.
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 "Ji'f~ay of ~
, 1995.
Notary Public
Print/type name:
'. -: ~tC .Y!'1 .", ;;::t'tlNK
('... C"::~;':.~;'::S;>)~' fi ~;c' ,~G3040
:: :::._~.f.'i~:~:3 MA'I22:,1999
B01~CED nmu
Of i\.-'\:S ATLANTIC BONDiNG C:O'IINQjl
sufficiency:
Approved as to form and legal
~ l~ Akin, city Attorney
PARCEL 117.07CD
PAGE 7
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