SUBORDINATION OF UTILITY INTERESTS - PARCEL 138.08
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This instrument prepa[2ed y, or
under the direction 0
Kenneth G. Wing
D:;:;;:~~:~~\~:t ;~~~s:~o tat ion .
l12D~ N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
SECTION
.R. NO.:
COUNTY
13 8.08
15070-2524
580
PINELLAS
Jq~o
Legal Description
Date: l2/04/92
Approved: .
By: June Frankl~
UTL.04
SUBORDINATION OP CITY UTILITY INTERESTS
THIS AGREEMENT,
between the STATE OF
Department, and the
entered into this /:'/ day of /'!;i.:pj.,iJ;k\/ , 1992.-, b;' and
FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called 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' s facilities relocated
if necessary to prevent conflict between the facilities 80- 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 21, "Block "A", 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.
Be~ng Described as follows:
Commence at a 5/8" Iron Rod, P.L.S. 11762, marking the point of Tangency
on the Westerly line of Block "A", Northwood Estates - Tract "c" 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 Drive; thence North 00004'37" 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 "CU, said Northwest corner also
being a point on the existing Southerly right of way line of state Road
580; thence North 89040141" East along the Northerly line of said Block
"A", and the Southerly right of way line of state Road 580, a distance of
370.87 feet to the POINT OF BEGINNING; said point of beginning aleo being
the Northwest corner of Lot 21, of said Block "A"i thence continue North
89'40'41"' East along the Northerly line of said Lot 2l, and the southerly
FLORIDA DEPT. OF TRANSPORTATION
RIGHT OF WAY, M.S, 7-900
LYMON REED, RlW SPECIALIST
"201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
PARCEL 138.08
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PAGE 1
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PINELLAS COUNTY
,OFFoREC B~ 8181 FLA.
. . PG 2396
This instrument prepared or
Under the direction 0
Kennelh G. Wing
As,j,lanl General Counsel
Department of Tranapor~
right of way line of State Road 580, a distance of 74.98 feet to the
Northeast corner of said Lot 21j thence South 00019' 19" East along the
Easterly line of said Lot 21, a distance of 3.55 feet; thence South
89048'03" West, a distance of 74.98 feet to a point on the" Westerly line
of said Lot 21; thence North 00019' 19" West along the Westerly line of
said Lot 21, a distance of 3.39 feet to the POINT OF BEGINNING.
Less existing rights of way.
Containing 260 square feet, more or les8.
to the interest of the Department, its Buccessors, or assigos, 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
following:
RECORDED
NATURE OF DATE FROM TO PLAT
ENCUMBRANCE BOOK/PAGE
EASEMENT 03/2/76 NORTHWOOD ESTATES, CITY OF CLEARWATER 75/65-66
A CO-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 Accorrunodation 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
ita facilities located within Baid landa, the Department hereby agrees to
pay the cost of Buch 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.
3. The City agrees to repair any damage to Department facilities and to
PARCEL 13B.OB
PAGE 2
I
PINELLAS COUNTY FLA.
IOFF.REC.BK 8181 PG 2397
This instrument prePfed ~,
Unde'kJilh'ettl\j;ract ion
. VYing
Assistanl General Counsel
Department of Transpo tation
or
indemnify the Department against any 10s8 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 above written.
Signed, sealed and delivered in the
presence of:
STATE OF FLORIDA
TRANSPORTATION
:;(J~//4:~/f'? .
WITNESS
PRINT NAME AV4,ser -;c- r::{/';/71 ,../et,.{ I/'
~ j (U~ '
;~i~~S~AME t\M13E\6L'I .llo. kEY
VII
ADDRESS
l120l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF \.\ilbl:;nr(')()'3 h
The foregoing instrument was acknowledged before me this
r'p.\-,rt.>Qf? ' 199~, by keen" p-\-h A i-'r "'r-1-IY\G ""
PRODUCTIO for D~Btr~ct -YII-, who ~s personally known to me
as identification, and who'El-hl- (did
\'7-0
day of
, DIRECTOR OF
or ~_d
not) take an oath.
00/11/H"P-" Jt. '?f ~/
PRINT NAME -:1Pn l"\<,,+tr- \..; J -;::<'18c.JS<",
Notary Public in and for the
County and State last aforesaid.
My Commission Expires: "'-('lq - J qq-4
Serial No., if any:
-
PARCEL 138.08
PAGE 3
I
PINELLAS COUNTY FLA.
OIF.REC.BK 8181 PG 2398
This instrument prepared or
Under the direction
Kenneth G. Wing
Assistant General Counsel
Department of Transpo tation
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.
. ~ c :l'lr/\",<~'"
s.j '[l,<>c~.Lg:k '. '.. fJ
ATTEST~ .'. :~C. ~ ~. .......,-,---
PRINT N1iH~:../,ynthiaE. Goudeau
'Cle~k (or Dep~~y Clerk)
CITY OF CLEARWATER, Flo:dda,
By
Its C~M
&..oXxl(i-.."wh~ll~ .
ity Manager
,!tW};)x
By:
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PRINT NAMEMichael J. Wright
ADDRESS
P. O. Box 4748
Clearwater. FL 34618
COUNTY OF
STATE OF FLORIDA
PINELLAS
going instrument was acknowledged before me this J.!...:: day of
/'r , 1992-, by Michael J. Wrlqht, City Mqr., ~jOIH{QililXi~=C<?-
a::YOp<ll>lidh'lX f the CITY OF CLEARWATER , Florida, City Council, who is personally
known to me or~naff ~c~ ---------------------------------~B
icenti~t~~un, and who did (did no an oath.
",:f..\:'it..... DENISE A. WILSON
t:rl)).''!f:;, MY COMMISSION N CC 20,4oa EXPIRES
~,,~,~'~"'l June 1S, 1998
"<~P.r~f.'" eC>>lr>!:D TliRU TROY FAlti lNSURAHCf. IOC.
PRINT
Notary Public in and far the
County and state las~ aforesaid.
My Commission Expires:
Serial No., if any:
.,
PARCEL 138.08
PAGE 4