SUBORDINATION OF UTILITY INTERESTS - PARCEL 105.03
---....
I INST # 93-136996
MAY 13, 1993 10:24AM
I
This instrument prepared by, or
undeRe~R~h~~~~ion~
Asslslanl General Counsel
Department of Trans rtation
11201 N. Malcolm McK nley Drive
Tampa, Florida 33612
PARCEL
SECTION
S.R. NO.:
COUNTY
105.03
15070-2524
580
PINELLAS
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FLORIDA DEPT. OF TRANSI'ORTATION
JANE HARRIS, RlW SUPEllVISOR
DISTRICT VII RlW OFFICE, M.S. 7-900
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
UTL.04
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--< T- rHIS AGREEMENT, entered into this ..fZ- day of n f/Y(, , 199~, by
,,5 LJ,,. 5'l'hTE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
.. ane~ CITY' OF CLEARWATER, hereinafter called city.
,:;
SUBORDINATION OF CITY UTILITY INTERESTS
and between
Department,
~
:'C
WIT N E SSE T H:
~
;TAL
dV..D~~REAS, the City presently has an
determLned necessary for highway purposes;
interest
and
in' certain lands that have been
---
WHEREAS, the proposed use of these lands for highway purpose s will require
subordination of the interest claimed in such lands by city to the Department; and
WHEREAS-, the Department ia willing to pay to have the city' B 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 promisee 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 16, Wildwood of Countryside in Section 29, Township 28 South, Range
16 East as recorded in Plat Book 72, Page 20 of the Public Recorda of pinellaa County,
Florida.
Being described as follows:
Commence at a 4"x4" concrete monument marking the Northwest corner of the plat of
Wildwood of Countryside, as recorded in Plat Book 72, Page 20 of the Public Records of
pinellas County, Florida; thence South 11002'00" West ~long the Westerly boundary of
said Wildwood of Countryside, a distance of 583.30 feet to the Southwest corner of said
Wildwood of Countryside, said point also being the Southwest corner of a Florida
pepartment of Transportation right of way as described in Official Records Book 5548,
Page 758 of the Public Records of Pinellas County, Florida; thence North 89039' 56" East
along the South line of said 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 8.9039'56"
East along the South line of said Wildwood of Countryside and the North~rly right of
way line of State Road 580, a distance of 391.21 feet to the POINT OF BEGINNING, Baid
point of beginning also being the Southwest corner of Lot 16, of said Wildwood of
Coun~ryside; thence run North 30037'33" East along the Westerly line of said Lot 16,
a distance of 17.55 feet, thence North 89029'32" East, a distance of 164.31 feet to a
PARCEL 105.03
PAGE 1
iKARLEEN F. DEBLAKER, ~~RK.
RECORD VERIFIED BY: ~
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This instrument prepa ed
Und<Ker1rlefu t1;il:ection
A ' . VYing
sSlslanl General Counsel
Department of Transp rtation
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 214
point on the Easterly line of said Lot 16; thence South 23.32'21" East along the
Easterly line of said Lot 16, a distance of 16~92 feet to the Southeast corner of said
Lot 16 and a point on the Northerly right of way line of State Road 580; thence South
89'39'56" West along the South line of said Lot 16 and said Northerly right of way
line, a distance of 180.00 feet to the POINT OF BEGINNING.
Less existing rights of way.
Containing 2634 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
acrose the landa, including but not "limited to the claim of interest based on the
following:
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK/PAGE
PLAT BOOK
72, PAGE 20
EASEMENT
05/07/74
U.S. HOMES OF
FLORIDA
CITY OF CLEARWATER
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 Buch 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 auch 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.
PARCEL 105.03
PAGE 2
.'"
I
,
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 215
This instrument prepared
Under the direction 0
KQnnelh G. Wing
Assistant Gene[al Counsel
Department ot Transpo
or
at ion
3. 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.
Signed, sealed and delivered in the
presence of:
STATE OF
OF TRANSPORTATION
DL() LLII
WITNESS :l: J ---r
PRINT NAME S "''-'<"_..... . I', clVoJpl1
~~~~'~ '
~~i~~S~AME ~ ~~~~ ti ~ 510/ j ;-
, /
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF jj i1\5~m( IJh
The foregoing instrument was acknowledged before me this 1.?+nI day of Mr<y
, 1992, by Ker.C\ e1-h A, -f-\?>,"+r0(",C\"" '
DIRECTOR OF PRODUCTION for District -YII-, who is personally known to me ~o ~
produced as identification, and who-....d-hi (did no~) tci"J:te.. an
oath.
<.:
: ,~..
rJ0m HA';,./ J1... '/:{ {'U.L1 R./'":'
~ "
PRINT NAME ~nnl"'~ W, ~)..>.:f:;':::/<,~.!"
Notary Public in and for the , l,-,' . I ,~
County and State last aforesaid~ -, ,::_;:,,;.~,,! ~'.
My Conunission Expires: 3-~-lqcr:4j//:< .,/;:X~"':'
Serial No. I if any: "..,.j... -.:...;.;;;..,1
-,- .'..;~/~:-~:
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PARCEL 105.03
PAGE 3
........
" ~.
I
I
PINELLAS COUNTY FL~i6
OFF.REC.BK 8271 PG
This instrument prepared
Under the direction 0
Kennelh G. Wing
AssIstant Gen~r~1 ~",',"~p.l
Department of Transp
or
PRINT NAME
Clerk
WITNESS WHEREOF, the said grantor has caused th~ge presents to be executed in
by its Board of City Commissioners acting by the Chairperson .or Vice-
n of said Board, the day and year aforesaid.
ATTEST:
THE CITY OF CLEARWATER', Florida,
By Its City Council
By:
Its Chairperson
(or Vice-Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged
, 199~, by
Chairperson) of the THE CITY OF CLEARWATER
personally known to me or who has produced
identification, and who did (did not) take ,an oath.
_ day of
Chairperson (or Vice-
I Florida, 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 105.03
PAGE 4
I
I
. .
, PINEL LAS
OFF.REC.BK 8i~UNTY FLA
1 PG 217
Ri a Garvey
Mayor-commissione
, ~.,'" \, '. \. '. \ 1: '.'
By:
CLEAR ATER, il"LORIDA
_ _.' .~f' ': c. [r'
M chael., J .\., .<rg'l11;,
c . ty Ma:n.~gl!~{;<!.". ' '
.'~ ... ,,~~~, r...~'.':J 't" :
. Co ~:'-.._'" , '" ,:,., oCr' -~ " \ '
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c:: .~..... <. 0",1" I(C{'" l.
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Gb~~€'q,!, "c,J.. ty 0" ,..l:erk
'~. ',(i;' ". ,>!"',<,,,,},,,(,(,_".L.~c.~ '\,... '.",.:.:";
, !., '< f) .,' (_' \. \.~ "
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Attest:
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, the Mayor-commissi~ner of
above named city, who acknowledged that she executed the foregoing
instrument. She is personally known to me and did not take an oath."
day of (}JQ~~ J )
U
the
WITNESS my hand and official seal this
j
",1993.
~/(Ll~)(J!l)~~ '
Pnnt/Type ~ame: . ell \' ,r \ 5in/'\
Notary Publlc
"""'''':''''
itJi"""ii;:.., DENISE A. WILSON
b!,".o;",d MY COMMISSION N CC 201408 EXPIRES
....Ji'~,;.;~,~. Juna 18. 1996
".Ri.:~"" BONDED THRU TROY fAIN IIiSURAHCf.INC.
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Michael J. wright, the city Manager of
above named city, who acknowledged that he executed the foregoing
instrument. 'He is personally known to me and did not take an oath.
day of, (7 jYJ ; 1 )
the
WITNESS my hand and official seal this
r
, 1993.
fJUr1.{{:J} ) /} ~~t 0 j2
Print/Type Name: i1 ,)/ <,<?) ,
Notary Public
n~'~00
,.<:;nit.,. DENISE A, WILSON
[.f6. .~:\ MY COMMISSION I CC 201408 EXPIRES
':.O"'.~:"-:' June1S1996
-'0:!';,:; '6..'(..~.:' BONDED THRU TROY fAIN IKSURAHCE,ltlC.
'",,,,.
PAGE 5