SUBORDINATION OF UTILITY INTERESTS - PARCEL 142.03
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1993
PARCEL
SECTION
S.R. NO.:
COUNTY
l42.03 I
15070-2524"
580
PINELLAS
INST # 93-060446
MAR 4, 1993 2:58PM
.
~~ls Instrument prepar;J.ed y, Jl
under the directiO]
Kenneth G. Wing
Asslslanl General Counsel
Department of Trans ortation
11201 N. Malcolm Mc nley Drive
Tampa, Florida 33612
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Legal Description' Approved:
Date: 12/08/92 By: June Frankl
l PINELLAS COUNTY FLA
.' OFF .REC.BK 8195 PG 2038
i 1 RgCfu~~ING
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THIS AGREEMENT,
lS bet' ,non "he STATE OF
~T Department, and the
l/e'
ERT
SUBORDINATION Or' CITY UTILITY INTERESTS
Ie
entered into this /b! day of ~2Z>€'U,tJ~ ,199.3, by and
FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
CITY OF CLEARWATER, . hereinafter called City.
WIT N ESSE T H:
cES
\TF WHEREAS, the city presently has an interest in certain lands that have been
determined necessary for highway purposes; and
OrAL Ir'\~l!:REAS, the proposed use ~f these lands for highway p~rposes will' require
~dination of the intereet 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 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:
city subordinates any and all of ita interest in the lands as follows, viz:
That part of Lot 25, 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:
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Commence at a 5/8" Iron Rod, P.L.S. Il762, marking the Point 'of Tangency
on the Westerly line of Block "A", Northwoad Estates - Tract "C" as
recorded in Pl'at Book 75, Pages 65-66, of the Public Recorda' of Pinellas
County, Florida, said point also being a point on the Easterly right of
way line of Landmark Drive; thence North 00004' 37'1 East along the Westerly
line of said Block "A II 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 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
670.81 feet to the POINT OF BEGINNING; said point of beginning also being
the Northwest corner of Lot 25, of said Block "A"; thence continue North
89040'4l" East along the Northerly line of said Lot 25, and the Southerly
right of way line of State Road 580, a distance of 74,98 feet to the
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PARCEL 142.034 . ~
FLORIDA DEPT. OF TRANSPORTATION
RIGHT OF WAY, M.S, 7-900
LYMON REED, R1W SPECIALIST
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-<>403
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PINEL LAS COUNTY FLA.
OFF.REC.BK 8195 PG 2039
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'N~rtheast corner of said Lot 25; thence South 00019'19" East along the
Easterly line of said Lot 25, a distance of 3.24 feet to a point on a
curve concave northerly having a radius of B24.95 feet, a central angle of
02045'02", and a chord bearing of South 88025'3211 West; thence
Southwesterly along the arc of said curve, a dis~ance of 39.. 60 feet;
tbence South 89048'03" West, a distance of 35.39 feet to a point on the
Westerly line of said Lot 25; thence North' DD019'l9" West along the
Weeterly line of said Lot 25, a distance of 4.03 feet to the POINT OF
BEGINNING.
;~1iiY. .
Less existing rights of way.
containing 296 square feet, mare or leas.
to the interest of the Department, ita successors, or assigns, 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
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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, ~nd 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 construct'ion 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, tpe Department hereby agrees to
pay the cost of su~h 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 trLm 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.
PARCEL 142.034
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\ PINELLAS COUNTY FLA.
~ OFF..REC.BK 8195 PG 2040
The City agrees to repair any damage to Department facilities and to
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.
3.
Signed, sealed and delivered in the
preBe~ce of;
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~~ .~. [LLlp
;~i~~S~AME ~IMf:)E(2LyS~t JILr;..j
'SPORTATION
By:
Direct r of Production for District VII
ADDRESS
ll20l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
.COUNTY OF 41! I S b6roJ9 h
~ The foregoing instrument was acknowledged before me this / IJ+h I day of
IorU~ , 199~, by Kp"v."O-l-+--\ A- Wa.->\-lIVl""'V\ ,DIRECTOR OF
PRODUCTION for District VII , who is personally known to me or ~
as identification, and who ~did not) take an oat,h.
cp~ X y{~J
PRINT NAME ~n.....t+e... 0.. ~'-'se..
Notary Public in and for the
County and state last aforesaid.
My Commies ion Expires: 3-(')"l-lQQ:'\
Serial No., if any:
PARCEL l42.034
PAGE 3
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. . BK 8195 PG 2' <:':';'m
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ortation
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~IN WITNESS WHEREOF, the said grantor hae caused these
ts,;.'name by its Board of City Commissioners acting by
p~airperson of said Board, the day and year aforesaid.
. ~t:"::.,. . 0\:'\""\,.
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:'~if~~~'T'~' 0.,,'. ~..'t..'...Y .jl~ .-O.~
:i...'....~..,."~ .:'...,' .;. Cynthia E. ",Gouoeau
'::'PRINT' NAME . , .' '
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presents to be executed in
the Chairperson or Vice-
CITY OF CLEARWATER
By Its C ty counc'l
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, Florida,
By:
~ Cl ty Mana.ger
xR1>M=~MPAIll:
ichael J. Wri ht
ADDRESS
P.
O.
Box 4748
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Clearwater, FL 34618
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Notary Public in and for the
County and state last aforesaid.
My commission Expires:
Seria~ No., if any:
PAGE 4