SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 801.03
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This instrument prepared by,
or under~~ection of
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Department of Tr~~n
11201 N. Malcolm McKinley Dri e
Tampa, Florida 33612
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02-208589 JUN- S-2002 S:2iA~
~INELLRS co BK i20~2 PG l2iS
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PARCEL : 801.03
WPI/SEG 7116974/2568881
S.R. NO.: 55
COUNTY PINELLAS
SECTION : 15150-2580
MANAGING DISTRICT: SEVEN
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Legal Description Approved:
Date: 10/12/2000 By: N. STEVEN LEVINE
~ETURN TO: Ata.nCi.. f~) \lc:?c.orde, \'YV:L~q~
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UTL.04
SUBORDr~IOH OF CI~ U'rILIfi INTERES~S
THIS AGREEMENT, entered into by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FOOT, and the City of CLEARWATER, Florida, a
municipal corporation, a utility Agency Organization, hereinafter called the UAO.
WIT H E SSE T H:
WHEREAS, the UAO presently has an interest in certain real property that is needed for
a transportation facility; and
WHEREAS, the proposed use of the real property requires subordination of the UAO's
interest to the FOOT; and
WHEREAS, the FDOT, is willing to participate in the cost of locating, protecting,
adjusting or removing the UAO'S facilities if necessary to prevent conflict between the UAO's
facilities and the transportation facility;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FDOT and the UAO hereby agree as follows:
1. The UAO hereby subordinates to the interest of FOOT, its successors, or assigns, any
and all interest the UAO has in the real property described as follows:
That part of:
The East 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 7, Township 29 South, Range
16 East, Pinellas County, Florida, lying west of State Road 55, described as follows:
Commence at a P.X. nail & disk ("LB-148") marking the North 1/4 corner of Section 7, Township
29 South, Range 16 East, thence S 89052'05" E, along the north boundary of said Section 7, a
distance of 819.875 meters (2689.87 feet) to a disk stamped .pinellas County Engineering
Department" marking the Northeast corner of said Section 7; thence S 0054'50" W, along the
east boundary of the Northeast 1/4 of said Section 7, a distance of 33.454 meters (109.76
PARCEL 801.03
PAGE 1
".
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~INELLAS COUNTY ~LA.
O~r.Rtc,eK 12032 ~G 1214
This instrument prepared by,
~~r~of
Department of Transporta~
feet); thenceN 89005'10" W, 30.480 meters (100.00 feet) to the west right-of-way line of
State Road 55 and the POINT OF BEGINNING; thence S 0054'50" w, along said west right-of-way
line, 27.154 meters (89.09 feet); thence N 58037'11" W, 25.665 meters (84.20 feet) to the
southerly boundary of a 17 foot wide parcel of land 'for roadway and utility purposes
described in Official Records Book 3977, page 911, Public Records of Pinellas county,
Florida; thence N 58019'24" E, along said southerly boundary, 26.256 meters (86.14 feet) to
the POINT OF BEGINNING.
Containing 300.4 square meters (3233 square feet), more or less.
The interest of the UAO being subordinated hereby includes, but is not necessarily l~ited
to, the interest created by the following document:
INSTRUMENT
DATE
FROM
TO
OR Bk/P
3977/917
RE-RECORDEO
3985/195
EASEMENT
11/17/72
IMPERIAL MOTEL CORP.
CITY OF CLEARWATER
2. The UAO shall continue to have all rights under the UAO'S real property interest
document identified above, except that the use of the real property shall be subject to the
control of the FOOT pursuant to paragraph 3 hereof.
3. The FOOT shall have the right to control the UAO's use of the real property interest
created by the document identified above in the following manner:
a. The FOOT may require, for any present or future transportation facility project,
that any facilities of the UAO be located, protected, adjusted, or removed as the FOOT
determines is necessary (including the timing of any of such activities) to accommodate
the transportation facility project. The UAO shall have the right to engage in
additional protective measures during the transportation facility project beyond what
the FDOT determines is necessary, provided that the cost of any such additional
protective measures shall be borne by the UAO.
b. The UAO shall operate and maintain the UAO's facilities located on the real.
property in accordance with FDOT standards as set forth in the ~s then current
Utility Accommodation Manual.
c. Any placement of new facilities or adjustment,' upgrading, removal, or relocation
of the UAO's facilities proposed by the UAO shall be subject to the prior approval of
the FDOT as provided in and under the conditions of the FDOT's then current utility
Accommodation Manual. Approval will be granted through the issuance of a utility
permit.
4. In the event the FDOT exercises it's rights under paragraph 3 hereof and the exercise of.
those rights creates costs over and above what the UAO would normally have incurred had this
subordination not been executed, the FDOT will bear the 'excess costs. Excess costs shall
include, but not necessarily be limited to, damage to the UAO's facilities resulting from
PARCEL 801.03
PAGE 2
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PINELLRS COUNTY rLR.
OFr,REC,SK l~O~a PG la15
This instrument prepared by,
~ct~o cf
Department of Transportation
failure of FDOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FOOT
bearing the excess costs shall be by ~eparate agreement.
.x.
IN WITNESS WHEREOF, the FOOT has executed this agreement effective this JO--day of
M~'f ' 200"1.---.
Signed, sealed and delivered in
~;~\ ......
PRINT NAME\~.ehA. V\~t\c;~
~tisn'v~
;1'
STATE
District
PRINT NAME
ADDRESS:
DONALD J. SKELTON. PE
__11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
foregoing instrument was acknowledged before me this 3~ day
, 200---2...., by DONALD J. SKELTON, DIRECTOR OF PLANNING !PRODUCTION
who is personally known to me ~ loll!..... has pr~u(';I::!c1-
of
for
~
~"~t:"",~ DEANNALALDERMAN
~~'f. ~ MY COMMISSION' CC725166
~i EXPIRES: July 17, 2002
." if,." Bcnd8d l1IN Notary Public Ulld8rwri1ln
PRINT NAME DEANNA L. ALDERMAN
Notary Public1in and for the
County and state last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 801.03
PAGE 3
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PINELLAS COUNTY ~LA.
O~~.R~C.eK 120S2 p~ 121S
This instrument prepared by,
or under the direction of:
Department of Transportation
IN WITNESS WHERBOP, the CAO has caused these presents to be executed ~ its name by
its City Manager, countersigned by its Mayor-Commissioner, attested by its City C1erk, and
its official. seal hereto affixed, this 'loo-day of May, 2002.
Countersigned:
issioner
CLEARWATER,
Brian
STATE OP FLORJ:DA
ATTEST:
# ~ /J-<p ~{!eq.<t_
h a B. Goudeau, City erk
ss
COUNTY OF P:tNELLAS
BEFORE ME, the undersigned, personally appeared. Brian J. Aungst, the Mayor-
Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the use and purposes
herein set forth, and who is personally known to me.
'+k
~ day of
WITNESS my hand and official seal this
~~ ;;~. ~
Notary Public - State of Plorida
)n~
, 200.2.
Print/type name:
flOTAa"WPUBLlC -:sTATE OF FlORIDA
CAROLYN L BRINK
co:,wISSloN. CCll34S78
EXJ'IRES 512212003
BONDED THRU ASA 1-888-NOTARY1
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORB HE, the undersigned, personally appeared William B. Kerne, II, City Manager of
the City of Clearwater, Plorida, who executed the foregoing instrument and acknowledged the
execution thereof to be his free act and deed for the use and purposes herein set forth, and
who is personal.ly known to me.
~
WITNESS my hand and official seal this.:;t> day of 'Y'r\.M6 ' 2002..
C' ~AH--9 ~_~
Notary Public ~;;;;g:f nodda
Print/type name:
-
tfOTA.-"tY PUBLIC - STATE OF FlORIDA
. CAROLYN L jlRlNK
. CO:.IMISSION" CC834678
EXPIRES~
aoND~ THRUASA 1~NOTARY1
PARCEL 80~.03
PAGE 4
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PIN~LLRS COUNTY rlR.
Orr.~~C.BK 12032 PO 1217
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D.KINC
CITY OF CLEARWATER, FLORIDA
PU8UC WORKS ADMINISTRATION
ENGINEERING
SUBORDINA TION OF CITY
UTILITY INTERESTS
LEGAL DESCRIPTION SKETCH
5fCT-JWSlh.~l;
PARCEL 801.03 07-29S-16E
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LgI2002- OJ
Ol[OC[D8Y
E.BARRETT
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0:;/22/2002
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