PARCEL 114.08 - SUBORDINATION OF CITY UTILITY INTERESTS
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INST # 88-045847
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by,
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"This instrument prepared
~ dir€~ti
Department of~sportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
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PINE:LLAS COUNTY rLA
_~~,R~~~K 10404 PG 1671
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
ITEM/SEG:
114.08
7117045
55
PINELLAS
15150-2566
256957 1
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Legal Description Approved:
Date: 07/08/98 By: DIANNE M. COLLINS
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UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this lsF^ctay of JC>.niJCl/LV , 199~, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 11201 N McKinley Dr. Tampa FL., 33612,
hereinafter called the FDOT, and the City of CLEARWATER, Florida, 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.
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:
That part of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township 29
South, Range 16 East, Pinel1as County, Florida;
,
Lying within the following described boundary, to-wit:
PARCEL 114. 08
MillY Arend, Dis!. Acquisition Administrator
Florida Department of Transportation
. District VII RIW Office, MS 7-900 ;/
.11201 N, MalcolmMcKinleyDri~e.-c..G};o
: Tampa, Florida 33612-6403 ~
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AGE 1
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T 18 lnstrument prepare y,
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~r~ment of Transportation
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PINELLAS COUNTY FLA
OFF,REC,8K 10404 PG 1672
----------
Commence at a railroad spike marking the Southeast corner of the Southwest 1/4
of Section B, Township 29 South, Range 16 East, Pinellas County, Florida, run
thence N.B9"S6'49"W., along the South line of the Southwest 1/4 of said
Section B, a distance of 2310.93 feet 49.92 feet to the North right-of-way
line of Drew Street and the POINT OF BEGINNING; thence N.B9"SS'13"W., along
said North right-of-way line, a distance of 10.00 feet; thence N.00"04'47"E.,
a distance of 10.00 feet; thence S.B9"SS'13"E., .paral1el with said North
right-of-way line, a distance of 10.00 feet; thence S.00"04'47"W., a distance
of 10.00 feet to the said POINT OF BEGINNING.
Containing 100 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK/PAGE
EASEMENT
10/01/91
V. JACK KENNEDY
CITY OF CLEARWATER
77SS/144S
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 subj ect 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 agree~ to repair any damage to FDOT facilities and to indemnify the FDOT
against any loss or damage resulting from the City exercising its rights outlined
PARCEL 114. OB
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T lS ~nstrurnent prepare y,
he direc~
Department of Transportation
I
PINELLAS COUNTY FLA
OFF ,REC.8K 10404 PG 1673
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:
iJ- C//-I-v-
WITNESS
By:
Dire
for District VII
PRINT NAME
ADDRESS 11201
TAMPA
JACK H. KING
N. MALCOLM McKINLEY
FL 33612
Dr.
U,11'7 !) Je~)./~
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing instrument was acknowledged before me this ;I ~~ay of
, 199~, by JACK H. KING, DIRECTOR OF PRODUCTION for District -YII-,
who" is per nally known to me 5L rv1!u 110.:> pY6cl.........c.d .....a.&...
I
.''A'i;'''~::''''''1 DEANNA L AlDERMAN
t!!'is.~;" MY COMMISSION # CC 725166
..':Jll}.,;if EXPIRES: July 17, 2002
~~R"F"~lf.;~' BondedThru Notary Public Underwriters
',.",-
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
"
PARCEL 114.08
PAGE 3
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~This instrument prepared by,
or under he ,direc~
Transportation
I
PINELLA8 COUNTY FLA,
OFF ,REC,BK 10404 PG 1874
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name by its Board of City Commissioners acting by the Chairperson or Vice-Chairperson of
said Board, the day and year aforesaid.
ATTEST:~~i~~~~~
pRIN, TNAME Cvnthia. E. Goudeau
b City Clerk (~x:xii12~~
~ .',
Michael J. Roberto, City Manager
By:
Its Chairperson
, Florida,
-
PRINT NAME Rita Garvev
Mayor-Commissioner
ADDRESS ]12 S. Osceola Ave.
Clearwater, FL 33756
Approved as to form:
STATE OF FLORIDA
~r~
"John Carassas,
.0>
Assistant City Attorney
COUNTY OF PINELLAS
The foregoing instrument<C/ was acknowledged ~fore me this I I day of
~ , 199 ~ ,by R I 17'1 G 1'1 A '>leY , Chairperson
(or Vice-Chairperson) of the CLEARWATER, Florida, City Council, who is personally known
to me or who has produced as identificatlon.
Q."A . J([" , ~ ~
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
4'f-\PfJ c,;.,nr.n.oo""N L. El~K
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'" EXPIRED MAY 22.1999
!'::' aoN06D THRU
OF "1I.AH11C IlOHDINB co..lNC.
.
PARCEL 114.08
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