SUBORDINATION OF UTILITY INTERESTS - PARCEL 135.02
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13 5.02
15070-2524
580
PINELLAS
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S.R. NO.:
COUNTY
This instrument prepared
under the direction of
Kenneth G, Wing
De~~~~~gh~e~~a~~~~~b
11201 N. Malcolm McKin
Tampa, Florida 33612
A~{O
INST# 93-045964
FEB 18, 1993 4:42PM
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Legal Description Approved: ~
Date: l2/02/92 By: June Fran IJ
UTL.04
PINELLAS COUNTY FLA.
OFF.REC.BK 8181 PG 2379
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this X day of ,Qgl f4'/'Y, 199,.:2, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department,
and the CITY OF CLEARWATER ( 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 Buch lands by city to the Department; and
WHEREAS, the Department is willing' to pay to have the city's facilities relocated.
if necessary to prevent conflict betwee~ 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:
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City subordinates any and all of its interest in the lands as follows, viz:
That part of Lot 18, Block "A", Northwood Estates - Tract "e" in Section
29, Township 28 South, Range 16 East; as recorded in Plat Book 75, Pages
65-66, of the Public Records of Pinellas County, Florida.
Being Described as follows:
Commence at a 5/8" Iron Rod, P.L.S. #1762, marking the Point of "Tangency
on the Westerly line of Block "A", Northwood Estates - Tract "e" as
recorded in Plat Book 75, Pages 65-66, of the Public Records of Pinellas
County, Florida, said point also being a point on the Easterly right of
way line of Landmark Drivej thence North 00"'04' 37" East along the Westerly
line of said Block "A" a.nd the Easterly right of way line of Landmark
Drive, a distance of 548.37 feet to the Northwest corner of Lot 17, Block
"A", of said Northwood Estates - Tract "C", said Northwest corner also
being a point on the existing Southerly right of way line of State Road
580j thence North 89040'41" East along the Northerly line of said Bloc~
"A", and the Southerly right of way line of state Road 580, a dist~nce of
137.38 feet to the POINT OF BEGINNING; said point of beginning also being
the Northwest corner of Lot 18, of said Block "A"; thence continue North
89040'41" East along the Northerly line of said Lot 18, and the Southerly
right of, way line tif State Road 580, a distance of 83.52 feet to the
FLORIDA DEPT. OF TRANSPORTATION
RIGHT OF WAY < M.S. 7.900
LYMON REED, RlW SPECIALIST
11201 N. MALCOLM MCK1NLEY DR.
TAMPA, FLOlUDA 33612.6403
PARCEL 135.02
R. fTlN~/1) n
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PINELLAS COUNTY FLA.
OFFjREC.BK 8181 PG 2380
This instrument prepared by, or
Under the direction ~
Kenneth G. Wing
Assislant General Counsel
Depar~ment or Transp at ion
Northeast corner of said Lot 18i thence South OQo19r19" East along the
Easterly line of said Lot 18, a distance of 3.07 feet; thence South
89048'03" West, a distance of 83.21 feet to a point on the Westerly line
of said Lot 18; thence North 06024/45" West along the Westerly line of
said Lot 18, a distance of 2.91 feet to the POINT OF BEGINNING.
Less existing rights of way.
Containing 248 square feet, more or leBs.
to the interest of the Department, ita Buccessors, or assigns, for the purpose of
construction, improving, maintaining and operating a road over, through, upon and/or
across the lands, including but not limited to the claim of interest based on the
follo~ing:
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
PLAT
BOOK/PAGE
75/65-66
EASEMENT
03/26/76
NORTHWOOD ESTATES,
A CO-PARTNERSHIP
CITY OF
CLEARWATER
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
~tandard8 for such facilities as required by the state of Florida,
Department of Transportation, utility Accommodation Guide, dated May,
1990. Any new construction or relocation of facilities within the lands
will be subject to prior approval by the Department. Should the
Department fail to approve any new construction or relocction of
facilities by the City or require the City to alter, adjust, or relocate
its facilities located within said landa, the Department hereby agrees to
pay the coat of such alteration, adjustment, or relocation, including, but
not limited to the cost of acqu~ring 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 facilitie8~
PARCEL 135.02
PAGE 2
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This instrument prepared
Under the direction
Kenneth G. Wing
As.si<tant (:;ene,.1 r.nunsel .
Dep~rcrnent or~ranap rtat~on
I
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PINELLAS COUNTY FLA.
OFF.REC.BK 8181 PG 2381
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 its rights outlined in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, ,the Department hereto has executed this agreement on the day
and year first ahov-e written.
Signed, sealed and delivered in the
presence of:
TRANSPORTATION
~~. tU ffj .
~~i~~S~AME \21 ':-/ :S. W \ LFY
By
Oir
ADDRESS
1l20l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
S.TATE OF FLORIDA
COUNTY OF ~nbbt:ro( )31.
~_ The foregoing instrument was acknowledged before me this
n;:::hn: .a~ ,1993-, by 1<C:nV\P<4-h p.. 1-\-aM-vv\c,,, ^
PRODUCTION for District VIr , who is personally known
as identification, and who-EE..Q.
11-1-I1(
day of
, DIRECTOR OF
to me Cll:.-Who-h-a.a-~d
(did not) take an oath.
qUA< Ihl-<" 11.- Y{,(u,~,/
PRINT NAME ,JPn "e+\-c- ~) 'K." '" c.
"""'-'.~-"""'I;"
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Notary Public in and for the
County and state last aforesaid.
My Commission Expires: 3-CA-jQQ4
Serial No., if any:
PARCEL 135.02
PAGE 3
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PINELLAS COUNTY FLA.
OFF.REC.BK 8181 PG 2382
This instrument prepar
Under the direction
Kenneth G. Wing
Asslslant General Counsel
Depar~ment of Transpo tat ion
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:~~~' ;-t Done_
PRINT NAME 'Cynthia E. Goude'au.
Cler.k (or Deputy Clerk)
CITY OF CLEARWATER, Florida,
By I B city council
By:
. Wright
P. O. Box 4748
PRINT NAME
ADDRESS
Clearwater, FL 34618
STATE OF FLORIDA
COUNTY OF
PINELLAS
~ThX ,fOr~gOing instrument was aCkno. wledged before me this c:! ~ day of
.-.-..-!...-JE..J1.!ll~ ,l992-, by Mjr:hap.l ,1. Wright. Uty Mgr, <milJiM~X!">t'.{:>;~
C . .R~ of the ri t-y of rl F'FlrwAtpr , Florida, city Council, who is
personally known to me a::rxNhIxXUiS:xp.2:0l'dtrOOKkxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx:xaax:
i~~~~~on, and who did (did not) take an oath.
AI/liD) )0.. (llJ~)
PRINT NAM;:])e.I0I,~t', A. L,(c;Qt2)
.,<~'I:""'" DENISE A. WILSON
;~1'rb ~.\ MY COMMiSSION I CC 201408 EXPIRES
b-';~:~= Junc1B,1996
"'::;f'o''''i,::i~': WHOEO THRU TROV FAIN lHSUfl..\.NCE,INC.
. -.,,,.,,.-
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
"
PARCEL 13 5.02
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