SUBORDINATION OF UTILITY INTERESTS - PARCEL 120.05
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lNST # 93-~45967
FEB 18, 19931 4:44PM
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This instrument prepared bYI or .
under the direction~
Kenneth G. Wing
t. :,l;:::: ~".:l ~~~n€!ral Counsel .
Department of Trans tat ion ",,'
11201 N. Malcolm McK' n1ey Drive - --'l ~V
Tampa, Florida 33612 'i:~~ l
PARCEL
TION
S.R. NO.:
COUNTY
120.05'
15070-2524
580
PINELLAS
PINELLAS COUNTY FLA.
OFF.REC.BK 8181 PG 2391
Legal Deecription Approved: Er~
Date: Oecember 1. 1992 By: Brent J. Davis ~~
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
.'
THIS AGREEMENT, entered into this /:/ day of fl35d,0'cY, 199J, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinaf.t:er called the Department,
and the CITY OF CLEARWATER , hereinafter called city.
WIT N E SSE T H:
WHEREAS, the city presently has an i-nterest in certain lands that have been
determined necessary for highway ~urposeBi 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 Departmentj and
WHEREAS, the Department 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 Department agree as follows:
City subordinates any and all of its interest in the lands as follows, viz:
That portion of Lot 133, Northwood West in Section 29, Township 28 South, Range 16 East
as recorded in Plat Book 8S, Pages 1-5 of the Public Records of Pinellas County,
Florida.
Being described as follows:
Commence at a 4" x 4" concrete monument with bronze disc marking the Southeast corner,
'of the Southwest 1/4 of Section 29, Township 28 South, Range 16 East, Pinellas county,
Florida; thence North 00-004'58" East along the East line of the Southwest 1/4 of said
Section 29, a distance of 2,639.95 feet to a point on the existing Southerly right of
way line of state Road 580, said point also being the Northwest corner of Lot 119,
Northwood West aa recorded in Plat Book 85, Pages 1-5, Pinellas County, Florida; thence
North 89040'21" East along the North line of said Northwood West and the Southerly
right of way line of State Road 580, a distance of 732.87 feet to the POINT OF
BEGINNING, said point of beginning also being Northwest corner of Lot 133 of said
Northwood West; thence continue7or h 89040'21" East along the North line of said Lot
FLORIDA DEPT. OF TRANSPORTATION
f) rr "/J --rr. RIGHT OF WAY, M.S, 7-900
PARCEL 120.05 f'.. L I it/<- I ~ LYMON REED, R1W SPECIALIST
Kl\.HLEEN F. DEB LAKER , CLERK 11201 N. MALCOLM MCKINLEY DR.
RECORD VERIFIED BY: T TAMPA, FLORIDA 33612,6403
PAGE 1
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PINELLAS COUNTY FLA
91F.REC.BK 8181 PG 2392
~
This instrument prepared
Under the direction 0
Kenneth G. Wing
Asslstant General Counsel
Department of Transpor ation
133 and the Southerly right of way line of State Road 580, a distance of 67.21 feet to
the Northeast corner of said Lot 133; thence South 00004'36" Weat along the Easterly
line of said Lot 133, a distance of 4.91 feet; thence South 89029'32" Weat, a distance
of 70.47 feet to a point on the Westerly line of said Lot 133; thence North 32'22'59"
East along the Westerly line of said Lot 133, a distance of 6.10 feet to the POINT OF
BEGINN,ING.
Lesa existing rights of way.
containing 346 square feet, more or leas.
to the interest of the Department, ita successors, or assigns, for ,the purpose of
construction, improving, maintaining and operating a road over, through, upon and/or
acrOBS the lands, including b,ut not limited to the claim of interest baaed on the
following:
RECORDED
NATURE OF DATE FROM TO PLAT
ENCUMBRANCE BOOK/PAGE
PLATTED 04/16/82 NORTHWOOD WEST, a CITY OF CLEARWATER 85/1
EASEMENT Florida General
Partnership
PROVIDED that the following rights are reserved to the City:
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 Department's current minimum
standards for such facilities as required by the state of Florida,
Department of Transportation, utility Accommodation Guide, uated Hay,
1990. Any new construction or relocation of facilities within the lands
will be subject to pr ior approval by the Department. Should the
Department 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 Department hereby agrees to
pay the cost of such alteration, adjustment, or relocation, including, but
not Limited to the cost of acquiring appropriate easements.
2. 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 Department's facilities.
PARCEL 120.05
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~ PINELLAS COUNTY FLA.
VFF.REC.BK 8181 PG 2393
Thie instrument prepared
UndE1J' th", rlir1!ction
Mnneln G. Wing
A ,<i5Ianl General Counsel
Department of Transp
r
3. The City agrees to repair any damage to Department facilities and to indemnify
the Department against any lOBS or damage resulting from the city exercising ita
rights outlined in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, th~ Department hereto has executed this agreement on the day
and year first above written.
Signed, sealed and delivered in the
presence of:
::ATE OF FLORID~ ~ TRANSPORTATION
Di~ction for District VII
ADDRESS 11201 N. MALCOM McKINLEY Dr.
0/'
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF Iri i \\<;'00 n'>C '0"
The foregoing instrument was acknowledged before me this 11+h1day
1993 ,by \<PV'\"'e.~ A. \-l,~r+l'(\QY'\1'\ , DIRECTOR OF PRODUCTION
VII , who is personally known to me ~~~dS~d
as identification, and who~ (did not) take an oath.
of r:ebrL\:'l s:t '
for DistrJ.;ct
L;0-//?1 1.fi7/ }t., Yf ~'"
PRINT NAME ~V'\PTl-r- W, ~/")( l.<;e_
Notary Public in and for the
County and state last aforesaid.
My Commission Expires: "?- OCJ-ICjq-'t
serial No., if any:
PARCEL 120.05
PAGE 3
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This i~Btrument prepared y, or
Under the direction
Kenneth G. Wing
Asslstant General Counsel
Department of Transp
1
PINELLAS COUNTY FLh.
OFF.REC.BK 8181 PG 2394
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in ita
name by ita Board of City Commissioners acting by the Chairperson or Vice-Chairperson
of sald Board, the day and year aforesaid.
ATTEST.c\F M=- S)'k.-
,. Cvrrth~S E. Goudeau
PRINT NI'.ME ," "
, CJ.e:t'k (0": peputy Clerk)
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STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER
By Its G1ty Council
'" .~lor ida,
By:
ADDRESS
P.
Box 4748
O.
Clearwater, FL 34618
The foregoing instrument was acknoM1ed~~efore me thiS~ day o~f.I. hj1-U1--
199-.1...., by Michael J. Wriqht, City aT} "'E>.:OfOO"'X~1l~E"a:tmplo1l: of th:;(J
CITY OF CLEARWATER , Florida, City Council, who is personally known to me ~\
~:K~)p:r.l.!:ictuna:rlXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXKg:;~t!~K'fu~, and who did
(did not) take an oath.
,','~~.~:".... DENISE A. WILSON
[:r A "t'j MV COMMI.SSIDi< I CC 201408 EXPIRES
:;'~"~'.'~: JUI1~'8,1996
":I-(~f.:&f.>- liOflDfO lHRU TAD'! fAIN IHSUfI>>lCE,lloC,
PARCEL 120.05
)
Notary Public in and for the
County and State la~t aforesaid.
My Commission Expires:
Serial No., if any: ;j
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