SUBORDINATION OF UTILITY INTERESTS - PARCEL 140.03
"INST # 93-045970
FEB 18, 1993 4:44PM
This i'nstrument prepared y, or
under the direction
Kenneth G. Wing ~
'~~~i~&~R~e~fC~~ rtation
1l2DIN. Malcolm Mc inley Drive
Tampa, Florida 33612
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'PARCEL
. SECTION
S.R. NO.:
COUNTY
140.03
15070-2524
560
PINELLAS
':'50
J PINELLAS COUNTY FLA.
o F.REC.BK 8182 PG 5
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Legal Description
Date: 12/06/92
UTL.04
Approved: ~
By: June Frank ,
SUBORDINATION OF CITY UTILITY INTERESTS
entered into this /"1 day of /'c,8;fV,4"t'y , 1993 , by
FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called
CITY OF CLEARWATER , hereinafter called City.
and
the
THIS AGREEMENT,
between the STATE OF
Department, and the
WIT N ES SET H:
WHEREAS, the City presently has an interest in certain lande that have been
determined necessary for highway purposesj and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the ,,lnterest claimed in such lands by City' to the Department; and
WHEREAS, the Department is wil).ing 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:
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City subordinates any and all of its interest in the lands as follows, viz:
That part of Lot 23, Block 'IA'I,. Northwood Estates - Tract "C" in Se'ction
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 Descr~bed as follows:
Commence at a 5/6" Iron Rod, P.L.S. #1762, marking the Point of Tangency
on the Westerly line of Block "AU, Northwood Estates - Tract "C'l 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 548437 feet to the Northwest corner of Lot 17, Block
uA", of said Northwoad Estates - Tract "e", said Northwest corner also
being a point on the existing Southerly right of way line of state Road
580; thence North 69040'41" East along the Northerly line of said Block
"AU, and the Southerly right of way line of state Road 580, a distance of
520.64 feet to the POINT OF BEGINNING; said point of beginning also being
the Northwest corner of Lot 23, of said Block "A"; thence continue North
PARCEL 140.03 j(t:IC(/~.jU To
FLORIDA DEPT. OF TRANSPORTATION
RIGHT OF WAY, MS. 7-900
LYMON REED, R/W SPECIALIST
11201 N. MALCOIM MCKINLEY DR.
TAMPA, FLORIDA 336U-<i403
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PAGE 1
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. PINELLAS COUNTY FLA.
OtF.REC.BK 8182 PG 6
This i.nstrument prepargd b ,
Under the direction of
Kennelh G. Wing .
Assistant General Counsel
Department of Transpo ation
or
B904D'4l" East along the Northerly line of said Lot 23, and the Southerly
right of way line of State Road 580, a distance of 74.98 feet to the
Northeast corner of said Lot 23; thence South 00019' 19" East along the
Easterly line of eaid Lot 23, a dietance of 3.87 feet; thence South
B9048'03" West, a distance of 74.98 feet to a'point on the Westerly line
of said Lot 23; thence North DOo19'l9" West.along the Weeterly line of
eaid Lot 23, a distance of 3.71 feet to the POINT OF BEGINNING.
Less existing rights of way.
containing 2B4 square feet, more or les6.
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
across the' landa, including but not limited to the claim of interest baaed on the
following:
RECORDED
.
NATURE OF
ENCUMBRANCE
DATE
FROM
TO PLAT
BOOK/PAGE
EASEMENT
03/26/76
NORTHWooD ESTATES,
A CO-PARTNERSHIP
CITY OF CLE~~WATER 75/65-66
...
.
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 t~e 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.
z. The City shall have a _reasonable right to enter upon" the lands described
herein for the purposes outlined in Paragraph l' 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 l40.D3
PAGE 2
I
I PINEL LAS COUNTY FLA.
~FF.REC.BK 8182 PG 7
ThiS. instrument preprj!,red 'y,
Under the direction
Kenneth G. Wing
Assistant General Counsel
Department of Transp tat ion
or
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 a
Signed, sealed and delivered in the
presence of:
~x-//~~
WITNESS ~
PRINT NAME M/?.P7Z7' "FeR//?? 5'/eYJ r
-
~i1,~ ~
~~i~~S~AME kj \2..L . )\LE.Y
STATE OF FLORIDA DEPARTMENT OJ1TRANSPORTATION
B~~c{ a/ -
Dire~r of Product~on for District VII
ADDRESS
l120l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF n c\ \5'n",-0'-'5 h
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~ The foregoing instrument was acknowledged before me this
C\?~)G..fLl ,l99~, by I<e",,,,e+-h ",. 'r+-ar+"""""
PRODUCTION / for District -YII-, who is personally known to me
as identification, and who ~(did
) 1 +I-f
day of
, DIRECTOR OF
or~...d\I'6ed
not} take an oath.
Cf/ih1.1:d7/ JI.-- ti~../
PRINT NAME _--r;.n 1V+te: W. 'Koosc
Notary Public in and for the
County and state last aforeBaid~
My Commission Expires: 3-DY - IQCj4
Serial No., if any:
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PARCEL 140.03
PAGE 3
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Thie inetrument prepared or
Under the direction
Kennelh G. Wing
Asslslant General Counsel
Department of Transp rtation
'1- PINELLAS COUNTY FLA.
. OFF.REC.BK 8182 PG 8
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in
its name by its Board of city conuniasioners acting by the Chairperson or Vice-
Chairperson o~ said Board, the day and year aforesaid.
ATTEST:
PRINT N
"Cynt:hia E:'. Goudeau
'\ . .
Cl!,rk .(or, Deputy ~Clerk)
STATE OF FLORIDA
COUNTY OF
PINELLAS
CITY
By
OF CLEARWATER 1 id
, F or a,
e City council
By:
PRINT NAME
City Manager
JolK"'-<ml
ael J. Wriqht
P.O. Box 4748
Clearwater, FL 34618
ADDRESS
oing instrument wp,s acknowledged betor,e me this [-:1 /? day of
, 1992, by Micnael J. Wrl.ght, Clty Mgr~ ~l'~X~Jg1>il:$-
f the CITY OF CLEARWATER , Florida, city Council, who is personally
known to me ~x>>aoc~~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~
'~~H. .., w', "" "" "'~~~iq~iJ ~lW~J
"'~~~'::""
,:'1'/."'1;" DENISE A. WILSON
~(~.~~} MY COMMISSION K CC 201408 EXPIRES
"?,Q'i;;'~" DnUDf June 18, 1996
....,;., ......" OTHRu ""^
'nuY fAlHINSLIRANC!=. IN::.
PARCEL 140.03
,.~ .
Notary Public in and for the
County and state last aforeBaid.
My Commission Expires:
Serial No., if any:,
"
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