SUBORDINATION OF UTILITY INTERESTS - PARCEL 141.04
..',
INST # 93-045972
.FEB 18, 1993 4:44PM
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This instrument prepara;). d by, or:'"
under the direction li .
Kenneth G. Wing !';
Assistant General Counsel I .
Department of Transp rtation ." --............
11201 N. Malcolm McK ley Drive..~.... .":1'9i"-~
Tampa, Florida 33612 "i!i"..:_,_~U
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PINELLAS COUNTY FLA.
OF1.REC.BK 8182 PG 13
CEL
SECTION
S.R. NO.:
COUNTY
l41.04
15070-2524
580
PINELLAS
Legal Description Approved:
Date: 12/08/92 By: June Frank~'
UTL.D4
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT,
between the STATE OF
Department" and the
entered into this /.1' day of /7P.<('0/Y ,l99~, by and
FLORIDA DEPARTMENT OF TRANSPORTATION, ~ereinafter called the
CITY OF CLEARWATER , hereinafter called city.
WIT N E SSE T D:
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 p'ay to have the City's facilities r~located
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 ita interest in the lands as follows, viz:"
That part of Lot 24, 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 Pinellaa 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 "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 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 548437 feet to the Northwest corner of Lot 17, ,Block
nA'., 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
"A"" and the Southerly right of way li-ne of State Road 580, a distance of
595.82 feet to the POINT OF BEGINNING; said point of beginning also being
the Northwert corner of Lot 24, of said Block "A"; thence continue North
89'40'41" East along the Northerly line of said Lot 24, and the Southerly
PARCEL
R..-rtClt2/u to: ,:
14l.D4 ~
FLORIDA DEPT. OF TRANSPORTATION
RIGHT OF WAY, M.S. '.900
LYMON REED, R/W SPECIALIST
11101 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33611.6403
PAGE 1
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I PINELLAS COUNTY FLA.
OFF.REC.BK 8182 PG14
This instrument prepared by, or
Under the dirl'ction~
Kenneth G. Wmg
Asslstanl General Counsel
Depa~tment of Tr~nB rtat~on
right of way line of state Road 580, a distance of 74.99 feet to the
Northeast corner of said Lot 24i thence South 00019'19" East along the
Easterly line of' said Lot 24, a distance of 4.03 feet; thence South
89048'03" West, a distance of 74.99 feet to a point on the westerly line
of said Lot 24; thence North OD'19'l9" Weet along the Westerly line of
said Lot 24, a distance of 3.87 feet to the POINT OF BEGINNING.
Leas e~iating rights of way.
Containing 296 square feet, more or less.
to the interest of the Department, its succeeBors, or assigns,. for the purpose of
construction, improving, maintaining and operating a road over, through, upon and/or
acrose the lands, including but not limited to the claim of interest based on the
following:
RECORDED
.
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
PLAT
BOOK/PAGE
EASEMENT
03/26/76
NORTHWOOD ESTATES,
A CO~PARTNERSHIP
CITY OF CLEARWATER
75/65-66
"\
PROVIDED that the following rights sre 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, adjus~, or relocate
its facilities located within said lande, 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 C~ty agrees to repair any damage to Department facilities and to
PARCEL 141.04
PAGE 2
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I PINELLAS COUNTY FLA.
o 'F.REC.BK 8182 PG 15
This instrument prepared
Under the direction
Kenneth G. Wing
t-Jl~~l!I:'ll,~Jee[l't 4fll!!J.~
, or
indemnify the Department against any loes or damage reeulting 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:
~~-
~~i~~S~AME ~~;:nn/ey( J___
&; ~ Pt ~ ~ )~!'tfs '
:~i~~S~AME k:'1.?l 12.L: . "- h LEO"!
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY:~/J~ c:/dL
Direc r of Production for District VII'
/ .
ADDRESS
l120l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF I-l \ \ h b-,ro US h
.'\
r- The foregoing inetrumentwae acknowledged before me this
r<:brnr;;i? , 199~, by " <> IY\
PRODUCTI0 for District -YII-, who is personally known to me
as identification, and who~(did
\T-Ihl
day of
DIRECTOR OF
~d
an oath.
o 0
not) take
.,."
rrA/n ftt'oJ Jt-..' '1) &.UA - -'
PRINT NAME ::JC-(]'f\cltc:. (1 J. K~('se
Notary Public in and for the
County and state last aforesaid. A
My Commies ion Expires: '3 - Oq- I qq--r'
Serial No., if any: .
PARCEL 141.04
PAGE 3
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jPINELLAS COUNTY FLA
OF .REC.BK 8182 PG i6
This instrument prepared
Under the direction 0
Kenneth G. Wing
AssIstanl General Counsel
Department of Tranep rtation
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in
ita name by its Board of city Commiaaioners acting by the Chairperson or Vice-
Chairperson of said Board, the day and year aforesaid.
~,.,~~" ':jj ....,~
ATTEST: ; 0JL'c. >~
PRINT NAME~~nthia 'E. G~u~ea~
Cle~k (or Daputy Cl~rk)
CITY OF CLEARWATER, Florida,
By Ita ity Council
~ Clty Manager
~lUt~Xl<<mQ
Michael J. Wriqht
P. O. Box 4748
Clearwater, FL 34618
ADDRESS
STATE OF FLORIDA
COUNTY OF
PINELLAS
going instrument was ack~owledged before me this 'd In da.:.y of
, 1991-, by Michael J. Wr~ght, City Mgr., (!~~~~-Vlf&P'
~1!S:031~ of the CITY OF CLEARWATER, Florida, City Council, who is personally
nown to me ~~ox~~x~~~xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXXXXXXH
~:~':::.' .," '" <'" -~:~!iiq~flmjiJ
,:rh \':, MY COMM1SSlON , CC 201406 EXPIRES
~.~.:;j June lB, 1996. Notary Publ ic in and for the
'.f(~y'f.'<J-~' IlOHOED THRU TROY FAlH INSURANCE,ltc.
County and Stat~ last aforesaid.
My Commission Expires:
Serial No., if any:,
"
PARCEL 141.04
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