SUBORDINATION OF UTILITY INTERESTS - PARCEL 103.04
\
I INST # 93-136995
'MAY 13, 1993 10:24AM
I
PARCEL
SECTION
S.R. NO.:
COUNTY
103.04
15070-2524
580
PINELLAS
This instrument prepared
under the direction 0
Kenneth G. Wing
Assistant General Counsel
Department of Trans rtation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
~ dU( f\ -+n. ,
Legal Deecription Approved: ~
Date: Februarv 24, 1993 By: Dianne M. COl1ins~
FLORIDA DEI'T. OF TRANSPORTATION
JANE HARRIS, RlW SUPERYlSOR
DlSTRICT VII R1W OFFICE, M.S. 7-900
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
the
and
THIS AGREEMENT, entered into this ~ day of l70rll ,19;7, by and between
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department,
the CLEARWATER, hereinafter called City.
WIT N E SSE T H:
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 facilitiea relocated
if necessary to prevent conflict between the facilitiea so that the benefita 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:
, RE()\T3~~ty subordinatea any and all of its interest in the lands as followa, viz:
:C~/I I at portion of Lot 8, Wildwood of,countryside. in Section 29, Township 28
~G---t:}V 3.....uth, Range 16 East as recorded, 1.0 Plat Book 721 Page 20 of the Public
:i::S 0(- Tin Records of Pinellas County, Flor1.da.
jF
_____~ing described as follows:
G
_--.konunence at a 4"x4" concrete monument marking the Northwest corner of the
plat of Wildwood of Countryside, ae recorded in Plat Book 72, Page 20 of
the Public Records of Pinellas County, Florida; thence South 11002'00"
.:-;-AL West along the westerly boundary of said Wilqwood of Countryside, a
1l~!1i.. distance of 583.30 feet to the Southwest corner of said Wildwood of
I"l l,;ountryside, said point also being the Southwest corner of a Florida
.I ~ Department of Transportation right of way as described in Official Recorda
',-- Boo~ 5548, Page 758 of the Public Recorda of Pinellaa County, Florida;
thence North. 89039' 56" East along the South line of aaid Wildwood of
Countryside and the South line of said Florida Department of
Transportation right of way, a distance of 56.99 feet to a point on the
existing Northerly right of way line of State Road 580; thence continue
North 89039'56" East along the south line of said Wildwood of Countryside
. and the Northerly right of way line of State Road 580, a distance of
264.17 feet to the POINT OF BEGINNING, said point of beginning also being
the southwest corner of Lot 8, of said Wildwood of Countryside; thence run
North 35013'57" West along the Westerly line of said Lot 8, a distance of
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PARCEL 103.04
:KARLEEN F. DEBLAKER,
\RECORD VERIFIED BY:
PAGE 1
CLERK
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This instrument prepared by, or
Under the direction of ~
Kennelh G. Wing
Assistanl General Counsel
Department of Transportat bn
QUNT'i FLA..
PINELLA.S C pG 209
R"C BR 8271
OFF. .. .
11.81 feet; thence North B9029'32" East, a dietance of 67.40 feet to a
point on the Easterly line of said Lot 8; thence South 03001'46" west
along said Easterly line, a distance of 14~84 feet to the Southeast of
said Lot 8 and a point on the Northerly right of way line of State Road
580; thence South 89039'56" Weet along the South line of said Lot 8 and
eaid Northerly right of way line, a distance of 56.34 feet to the POINT OF
BEGINNING.
Less existing rights of way.
containing 911 square feet, more or less.
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
a~ro8B the landa, including but not limited to the claim of interest based on the
following:
RECORDED
.
.
P.B.
BOOK/PAGE
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
PLATTED
EASEMENT
05/07/74
U.S.HOMES OF
FLORIDA
CITY OF CLEARWATER 72/20
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 cost of such alteration, adjustment, or relocation, including, but
not limited to the cost of acquiring appropriate easementB~
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
indemnify the Department against any loss or damage resulting from the
PARCEL 103.04
PAGE 2
I
I
This instrument prepared byvor
Under the direction of
Kenneth G. Wing
Assistant General Counsel
Department of Transportatio
PINELLAS C
OFF.REC BK OUNTY FLA.
. 8271 PG 210
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;
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JLq, LJ-J \
WITNESS ~
PRINT NAME 5t~VG'-".J. I; J\Ncl!
~.t)j~
WITNESS f -
PRINT NAME 'Ro BE R-r i-' GK, m 51..e( J r
By
Dir
-=-
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF \--\ ;-1 \s h<' n<.>1J9h
The foregoing instrument was acknowledged before me this ~~h/ day of
MO-4' , 199~, by \.<"'1'''P\-h A I-+-crt-,""",,",,,., ,DIRECTOR
PRODUCTtON for District -YII-, who is personally known to me or who~~r~~~d
as identification, and who 'ci-i--d- (did not) take an ,-oath.'
.-.'-
OF
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(} a~ f-H--U /1.-. \.fi] ~ J,:, ~:' >,~_
PRINT NAME :JP(i ne+-te y./. Ki<l, JS("' /"""
Notary Public in and for the> ".:'"
County and State last aforesa~d.
My Commiss ion Expires: 3-()q - ,qq "'\
Ser ia! No., if any: ~. _4'
,.,. ..--;,
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PARCEL 103.04
PAGE 3
I
I
Thia inatrument prepared bY~or
Under the direction of
, Kenneth G, Wing I
Assislenl General COUflsel
Department of Tra.nsportat1.o '
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 211
I WITNESS WHEREOF, the said grantor has caused these
its name by its Board of city Commissioners acting by
Chairperso of said Board, the day and year aforesaid.
presents to be executed in
the Chairperson or Vice-
The foregoing instrument was acknowledged
, 199_, by
Vice-Chairperson) of the
personally known to me or. who has produced
identification, and who did (did not) take an oath.
, Florida,
ATTEST:
By Its City council
PRINT NAME
Clerk
By:
Its cl1a~J:penQ1\
(OJ: Vice-Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF
me this day of
I Chairperson (or
city council, who is
as
PRINT NAME
Notary Public in and for the
county and State last aforesaid.
My commission Expires:
serial No~~ if any:
(SEE PAGE 5 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL 103.04
PAGE 4
.
PINELLAI COUNTY FLA.
OFF.REC:BK 8271 PG 212
IT
OF~~~TER~ FLORIDA
'. .,."..'~ .\\.\, '..
~
By:
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,
Rita Garvey
Mayor-commissio
~a E.
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the
above named city, who acknowledged that she executed the foregoing
instrument. She is personally known to me and did not take an oath.
() ,') ';J
WITNESS my' hand and official seal this ~ day of (A-r.i Z) ,1993.
~ 0 ~) ,^
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nntjType Name: ~l;l\~1fA L~?jVl;j
Notary Public
,1,-::i.::,,*, DENISE A. WILSON
!.(A"".~ MY COMMISSION I CC 2OH08 EXPIRES
~;~jo"':': June la, 1996
".f.:if."i:,,"" BONDED nlAU TROY FAIN INSIJf'I:ANCE, IOC.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Michael J. wright, the city Manager of the
above named city, who acknowledged that he executed the foregoing
instrument. He is personally known tome and did not take an oath.
WITNESS my hand and official seal this L day of tdr.A...J , 1993.
1\" ;Y1r'.)R ) () ,Ii) i,{J[), )'7 )
{;;;t'ntjType Name:]):J-'Jiit~;J j//';jSIlU
Notary Public '
/;?';:'~;;;" DENISE A. WILSON
1;(6"'( MY COMMISSION' CC 201408 EXPIRES'
~.:,.;.&.~..;: June 18, 1996
-'{::f:::f:,'t-' 5O,HOED THRU lROV FAIN lHSURAHCf,INC.
correctness:
PAGE 5