SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 143.05
This instrument prepared
under the direction
Kenneth G, Wing
Assistant General Counsel
Department o-f Yransp rtation :.
11201, N. Malcolm McK n1ey Drive"
Tampa, Florida 33612
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FEB 18, 1993 4:44PM
I PINELLAS COUNTY FLA.
OFF.REC.BK 8182 PG 17
PARCEL
CTION
S.R. NO.:
COUNTY
143.05
15070-2524
580
PINELLAS
,: ,,':J!.::sO
Legal Description Approved:
Date: 12/08/92 By: June Frankl
UTL.04
SUBORDINATION 01'" CI,TY UTILITY INTERESTS
entered into this /;:i day of Eel3^,.~ry ,199 3 , 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 E SSE 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 i~ 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 h~reto, .city and Department agree as follows:
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City subordinates any and all of its interest in the +ands as follows, viz:
That part of Lot 26, Block "An, Northwood Estates - Tract "e" 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:
Commence at a 5/8" Iron Rod, P.L.S. #1762, marking the Point of Tangency
on the Westerly line of Block "A", Northwood E,states - Tract "c" aa
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 "AU 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"I said Northwest corner alBo
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
745.79 feet to the POINT OF BEGINNING; said point also being the Northwest
corner of Lot 261 of said Block "A"; thence continue North 89040'41" East
along the Northerly line of said Lot 26, and the southerly right of way
R. ~ / erA)) IV
PARCEL 143.05
1/
PAGE 1
FLORIDA DEPT. OF TRANSPORTATION
RIGHT OF WAY, M_S_ 7-900
L YMON REED, RiW SPECIALIST
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612.6403
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PINELLAS COUNTY FLA.
OFF.REC.BK 8182 PG 18
1
This instrument prepared bYI o~
Under the direction o~
Kenneth G_ Wing
Assistant General Counsel
Department of Transpo atlon
line of state Road 580, a distance of 44.42 feet to a point on a curve
concave northerly having a radius of 824.95 feet, a central angle of
03005'36", and a chord bearing of South 85030'13" Weat; thence
Southwesterly along the arc of said curve, a distance of 44.54 feet to a
point on the Westerly line of said Lot 26; thence North 00019'19" West
along the Weaterly line of aaid Lot 26, a diatance of 3.24 feet to the
POINT OF BEGINNING.
Less existing rights of way.
Containing 81 square feet, more or less.
to the interest of the Department, it~ 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
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 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
its facilities located within said lands, the Department hereby agrees to
pay the coat 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 Buch 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 143.05
PAGE 2
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PINELLAS COUNTY FLA.
orF.REC.BK 8182 PG 19
This instrument prep,~re,d y,
UnderKtli>r\'el~tf'Wi~~on
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:
STATE OF FLORIDA
I
WITNESS
PRINT NAME Z,J '/ Jr
WIT!!::~~ ,}. u~L (JPf+ '
PRINT NAME {J L-I tv<. "f)E=;12J yV;. l d 11P./
By:
nir
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF \--\i\\s'hrH'"o()sh
~ The foregoing instrument was acknowledged before me this
=e:lorva.r~ ' 1993-, by \(<,,"hr-.<""->-h FI_ J,-\~"""I-""", ,,(",
PRODUCTIO for District -YII-, who is personally known to me
as identification, and who'd-td- (did
\ '"[+h!
day of
, DIRECTOR OF
or whG--nas...p=dueed
not) take an qath.
C/4/T1 ./7':U -' U-. '?{.9 {.u' '" -'
PRINT NAME :lR:, "C':--1+e u J - KDOSr'"
Notary Public in and for the
County and state last af9.feB5l,id~ .A
My Commission Expires: .:5 -O'1-\qq,
Serial No., if any:
PARCEL 143.05
PAGE 3
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PINELLAS COUNTY FLA.
tpFF.REC.BK 8182 PG 20
This instrument prepared
Under _ the dir<l~,j:ion
Kenneth G_ Wing
Assistant General Counsel
D~partment of Transpo tat ion
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in
its name by its Board of city corrunissioners acting by the Chairperson or Vice-
Chairperson of said Board, the day and year aforeaaid~
ATTEST:
CITY OF CLEARWATER, Florida,
By Its C ty CounG~
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PRINT
ynthia E ~ G6';'cf~au
(or Deputy.,GlelOk)"
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By:
* ~~K Clty Manager
lO~~iO.~
,ichael J. Wri ht
P. O. Box 4748
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ADDRESS
Clearwater, FL 34618
STATE OF FLORIDA
COUNTY OF PINELLAS
or going in8trumen~ was acknowledged befo~e me this ~i day of
, 1992-., byMlchael J. Wrlqht , Cl tv Mqr., J:M~xs:onO(Ji!I(#4xR-
C - ~1O~~ f the CITY OF CLEARWATER , Florida, City Council, who is personally
k wn -to me x..:blDx,KCl:fK>P%=Ontto:ackxxxxxXXXXXXyyyy>ryVVVyVVvv......vvYvV"vyXYXX}'yx~liIxx
i~*Xh~*HR, and who did (did not) take an oath.
",'..;'1'.... DENISE A. WILSON
f:<!'''k''''f:, MY COMMISSIO'~ I CC 201408 EXPIRES
h.::'~;,J:: June 18,l995
~&.;;.. ,;.~~,:: BONDED THRtI TP.OY FAIN lNsuf\AHCE, l~.
'..,,,,,.,
Notary Public in and for the
County and state last a~oresaid~
My Commission Expires:
Serial No., if any:,
-,
PARCEL 143.05
PAGE 4