SUBORDINATION OF UTILITY INTERESTS - PARCEL 139.06
(:, ":':"9':20-
"L -,
. ,._--~.
I ..
. .
.'
IPINELLAS COUNTY FLA.
OF~.REC.BK 8182 PG 1
..
I,NST # 93-045969
FE8 18, 1993 4:44PM
...
This instrument prepared
under the direction 0
Kenneth G, Wing
Assistant General Counsel
Department of Transpo
l1201'N. Malcolm McKi
Tampa, Florida 33612
{\~CEL :
~~~~I~~.:
." ..__._.~OUNTY :
139.06
15070-2524
580
PINELLAS
.-' -"/-9.. :S2.,...,\
.......,. U
I .! . ." ____.
Legal Description
Date: 12/08/92
Approved: ~
By: June Frank'
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
entered
FLORIDA
CITY OF
into this
DEPARTMENT
CLEARIlATER
/.f day of ,cm,<:1.i4!(j/ , 1993 , by
OF TRANSPORTATION, hereinafter called
, hereinafter called city.
and
the
THIS AGREEMENT,
betw~en the STATE OF
Department, and the
WIT NESS E T B:
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 BO that "the benefits "of each
may be retained~ 0".
NOH, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, city and Department agree as follows:
'"
~\
C:"'h
~ ''l
:.J
::0:
~ >0"
"'al
<::
..JQ
::[ii
~J-l
:04<
H
'0::
c..[ii
>
z
;,]0
~o:::
..JO
O::U
<::[ii
::<;p:;
city subordinates any and all of its interest in the lands as follows, viz:
That part of Lot 22, 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.
Being Described as follows:
Conunence at a 5/S" Iron Rod, P.L.S. #1762, marking the Point of Tangency
on the Westerly line of Block "A", Northwood Estates - Tract "en 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' 3711 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
"Au, of said Northwood Estates - Tract "e", said Northwest corner also
being a point on the existing southerly right of way line of state Road
5BO; thence North 89040'41" East along the Northerly line of said Block
"A", and the Southerly right of way line of state Road 580; a distance of
445.85 feet to the POINT OF BEGINNING; said point of beginning also being
the Northwest corner of Lot 22, of said Block "A"; thence continue North
89040'41" East along the Northerly line of said Lot 22, and the Southerly
PARCEL 139.06
RFTU.4..iJ Tb
/
FLORIDA DEPT. OF TRANSPORTATION
RIGHT OF WAY ,M.S. 7-900
LYMON REED, RJW SPECIALIST
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612.6403
(:
PAGE 1
,..('1/7
L./L--'
-',....,
I
PINELLAS COUNTY FLA.
01F.REC.BK 8182 PG 2
This instrument prepa~rbY'
Under .the direction 0
Kenneth G. Wing
Assistant General Counsel
Department of Transpo atlon
or
right of way line of state Road 580, a distance of 74.99 feet to the
Northeast corner of said Lot "22; thence south 00019'19" East along the
Easterly line of said Lot 22, a distance of 3. 7l feet; thence South
89048'03" West, a distance of 74.99 feet to a point on the westerly line
of said Lot 22; thence North 00019'19" West along the Westerly line of
said Lot 22, a distance of 3.55 feet to the POINT OF BEGINNING.
Lesa existing rights of way.
.
containing 272 square feet, more or leBB~
to the interest of the Department, its successors, or assigns, for the purpose of
construction, improving, maintaining and operating a road over, through, upon and/or
acro.ss 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 03/26/76 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 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
ita 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.
3. The City agrees to repair any damage to Department facilities and to
PARCEL 139.06
PAGE 2
This instrument prepared by,
Under the direction ~
Kenneth G. Wing
D~"i~h~~~nB~I~p~~ tat ion
I
I PINELLAS COUNTY FLA.
dFF.REC.BK 8182 PG 3
indemnify the Department against any loss 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:
F TRANSPORTATION
Ul ~ A'l 'd'-
~j'{U~
WITNESS
PRINT NAME Ill-( PI ~ 'S . '/
VII
ADDRESS
ll20l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF I-i i\ ""borough
,
.~ The foregoing instrument was acknowledged before me this
<:broO-9.:j , 199~, by I<'c,w'\~+h A. 'rtaM-<Y'G.n!"\
PRODUCTION for District -YII-, who is personally known to me
as identification, and who '<i.i:-d-(di~
11 +hI
. day of
, DIRECTOR OF
o~-1>a<>~<luced
not) take an oath.
0"<)" ,H;, }1.-, '-If (U{A__
PRINT NAME .:::re(}t',e\-\-e W. Kr, oS c..
Notary Public in and for the
County and State last aforesaid.
My Commission Expires: 3-()q -/qq.q
Serial No., if any:
PARCEL 139.06
PAGE 3
,.
I
t- PINELLAS COUNTY FLA
o F.REC.BK 8182 PG '4
-
Thia instrument pre'j2pr d b I
Under the direction 0
Kenneth G. Wing
Assistant General Counsel
Depar~ment of Trans tation
or
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in
ita name by its Board of city Conunissioners acting' by the Chairperson or Vice-
Chairperson of said Board, the day and year aforesaid.
ATTEST: r,~\J.LZ. ~n
PRINT N~hi<l,,'E.""GOUdeaU
Clerk (O~.Deputy Clerk)
...',.....
CITY OF CLEARWATER, Florida,
By Its Citr Council
I
. Wriqht
P. O. Box 4748
Clearwater, FL 34618
By:
PRINT NAME
'I,
... ~ c -.' ".'
-'..,
ADDRESS
COUNTY OF
STATE OF FLORIDA
PINELLAS
ore oing instrument. was acknowledged befoz;e me this rX Iv day of
, 199...2-, byMlchael J. Wrlqht, Cl ty MCfr., CH1Uilpel!lfJ>itotoi:O<Ji.:&li-
X~K~~ f the CITY OF CLEARWATER , Florida, city Council, who is personally
own to me 0 -Q~~~ pr~ert ---------------------------------a~-
i~nHfi"aHorr. and who did (did nOA~Aa~;7J, !IJJ, )
PRINT N~~eJ\ )/Sf, A- TJ:/0{1J
.......,.. OWISE A. WlLSON
/!~~""t.\ M'I COMMISSION i CC 201408 EXPIRES
~: .' :...~ June 1B. 1996
~~'..,....~~l &QHDEOTtUWTROV f,l,nIINS\Jp.l.HCE, llie.
"~.R:,,'J""
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:,
.,
PARCEL 139.06
PAGE 4