SUBORDINATION OF UTILITY INTERESTS - PARCEL 136.04
This instrument prepared
under the direction
Kennelh G. Wing
Assistant General Counsel
Department of Tranap rtation
l12Dl N. Malcolm Mc 'nley Drive
Tampa, Florida 33612
Legal Description Approved:
Date: l2/03/92 By: June Frank
UTL.04
I
I
c: :'..:'~Zl.'7I."Y .';
., .LT~.'fj,RCEL
SECTION
--"'-'S~R. NO.:
. COUNTY
l36.04
l507D-2524
580
PINELLAS
PINELLAS COUNTY FLA.
OFF.REC.BK 8181 PG 2371
INST # 93-045962
FEB 18, 1993 4:42PM
'-j'1"'VO
, :.!-;;::~
uW'G
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this .ft day of /?2JXi>;)/)/, 190, 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 such lands by city to the Department; and
WHEREAS, the Department is willing to pay to have the city' B facilities relocated
if' necessary to prevent conflict between the facilities eo 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:
:<:
0::
~Q..
u
c:..
W:><
~tQ
<.:
...J(:1
tQW
WH
(:1~
H
'0::
~W
;>
Z
W(:1
WO::
...JO
o::u
<':W
:<:0::
city subordinates any and.all of its interest in the lands as follows, viz:
That part of Lot 19, Block itA", Northwood Estates - Tract "C" 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 "AU I Northwood Eeta-tee - Tract "c" as
recorded in Plat Book 75, Pages 65-66, of the public Reco~ds of Pinellas
county, Florida, said point alBa being a point on the Easterly right of
way line of Landmark Drive; thence North 00'04'37" East along the Westerly
line of said Block "A" and 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
580; thence North 89'40'41" East along the Northerly line of said Block
itA:, and the Southerly right of way line of State Road 5BO, a distance of
220.90 feet to the POINT OF BEGINNING; said point of beginning also being
the Northwest corner of Lot 19, of said Block "A"; thence continue North
PARCEL l36.04
f(CTU;O.,UiY
FLORIDA DEPT. OF TRANSPORTATION
RIGHT Ct' WAY, M,S. 7.900
LYMON REED, RlW SI'ECIALlST
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
PAGE 1
/)
~ "
J,.''''''
J I.'"
(,.....,
I
IPINELLAS COUNTY FLA.
OFf.REC.BK 8181 PG 2372
This instrument prepared by, or
Under;. the direction l~
Kenneth G. Wing
Assistant General Counssl
Department of Transp ation
89040'41" East along the Northerly line of said Lot 19, and the southerly
right of way line of state Road 580, a distance of 74.98 feet to the
Northeast corner of said Lot 19; thence South 00019'19" East along the
Easterly line of said Lot 19, a distance of 3.23 feet i thence South
89048'03M West, a distance of 74.98 feet to a point on the Westerly line
of said Lot 19; thence North 00"'19'19" West along the Westerly line of
said Lot 19, a distance of 3.07 feet to the POINT OF BEGINNING.
Less existing rights of way.
Containing 236 square feet, more or les8.
to the interest of the Department, its successors,
construction, improving, maintaining and operating a
across the lands, including but not limited to the
following:
or assigns, for the purpose of
road over, through, upon and/or
claim of interest based on the
RECORDED
NATURE OF
ENCUMBRANCE
Dl\TE
FROM
TO PLAT
BOOK/PAGE
CITY OF CLEARWATER 75/65-66
EASEMENT
03/26/76
NORTHWOCD ESTATES,
A CO-PARTNERSHIP
PROVIDED that the following rights are reserved to the city:
1. Th~ 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, 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 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 Bu.ch 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
operati~n and safety of the Department's facilities.
.
PARCEL 13 6.04
PAGE 2
r ..'!
.
~-
.'
I
I PINELLAS COUNTY FLA,
~FF.REC.BK 8181 PG 2373
This instrument prepared by, or
Under the direction t9
Kennelh G. Wing ~'
Assistant General Counsel
Department of Transp rtation
34 The city agrees to repair any damage to Department facilities and to
indemnify the Department against any lOBS or damage reBulting 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 above written.
Signed, sealed and delivered in the
presence of:
OF TRANSPORTATION
ADDRESS
ll20l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF, t\ \ ~ hbon<'i '9 h
. \'1-l....J
~ The foregoing instrument was acknowledged before me this day
rA1,.."CL<'L;' ,199~, by k,.."....."'-H-. A t+7V'+"""''''', DIRECTOR OF PRODUCTION
District -VII I who is personally known to me or'wfio-na~~~d
as identification, and who cl~~(did not) take an oath.
of
for
0(/J/Hpr-t"P / )1/ 1).<J.f/AI../
PRINT NAME ~f"F.t'h-_ W .1<,~_<;....
Notary Public in and for the
County and State" last aforesaid.
My Corrunisaion Expires: 3'~Dq-J~
Serial No., if any~
"
PARCEL 136.04
PAGE 3
"-
I
PINELLAS COUNTY FLA.
Otf.REC.BK 8181 PG 2374
This instrument prepared by, or
Under the direction~l0Y
Kenneth G. Wing
Assistant General Counsel I .
Department of Trans rtat~on
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in
its name by ita Board of city Commissioners acting by the Chairperson or Vice-
Chairperson of Baid Board, the day and year aforesaid.
CITY OF CLEARWATE}< Florida,
By ts City Council
ATTEST:
PRINT NAME Cynthia E. Coudeau
Clerk (or Deputy Clerk)
By:
anager
PRINT NAME
Michael Wright
P.O. Box 4748
ADDRESS
Clearwater, FL 34618
STATE OF FLORIDA
COUNTY OF
PINELLAS
oregoing instrument. was acknowledged befo~e me this ~t day of
,1992, by Mlchael J. Wrlqht, Clty Mqr, rov:a'Vfl?li~~ow;~
~ <<.~X~x f the CITY OF CLEARWATER , Florida, city Council, who is personally
k own to me ~~K~X~~XXxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx~
~~~~~~~n~ and who did (did not) take an oath.
(1rri, a ) 0 I A-J,JOOfl )
PRINT NAME/)Cl..ir,se, A. () \}:;()/:J
,.::;;'~"I~'", DENISE A. WILSON
f.rs, "f':j MY COMM:SSiON lee. 201408 EXPIRES
?'~:": June1B..996
"~~~.. ,;:.~":.~.: uotiCLO MlU TROV fAltlltlSUAANCE, iNC.
'....",.,
Notary Public in and for the
County and State last aforesaid.
My Commission .Expires:
Serial No., if any:
"
PARCEL 13 6.04
PAGE 4