SUBORDINATION OF UTILITY INTERESTS - PARCEL 107.03
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hNST # 93-136997
Mh 13, 1993 lO:24AM
PARCEL 107.03
SECTION 15070-2524
S.R. NO. I 580
COUNTY ,PINELLAS
I
This instrument prepared
under the direction
Kenneth G. Win\)
Assistant General Counse
Department of Transp rtation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
Re tv.m -to '.
Legal Deecription Approved: ~"J)
Date. Februarv 24. 1993 By' Dianne M. collins~
FLORIDA DEPT. OF TRANSI'ORTATION
JANE HARRIS, R1W SUPERVISOR
DISTRICT VII R1W OFFICE, M.S. 7-900
11201 N. MALCOLM MCKINLEY DR.
TAMI'A, FLORIDA 33612-6403
UTL.04
REC~DIN C;
T 0 I
- . THIS AGREEMENT, entered into thia t9' dllY of -1J.P.r'tL, 1992, by
, ~e-SXATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
JUUL-the CLEARWATER, hereinafter called city.
SUBORDINATION OF CITY UTILITY INTERESTS
ilnd between
Department,
----
WIT H E SSE T D:
~
\f(()(.>
A
,AL
WHEREAS, the City presently has an interest in certain lands that have been
deter~~ned necessary for highway p~rpoBes; 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 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 its interest in the lands as follows, viz:
"That part of Lot 24, 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 Pinellas 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 pinellaa County, Florida; thence South "11 002 ~ 00"
West along 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
Department 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 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
651.21 feet to the POINT OF BEGINNING, said point of beginning also being
the Southwest corner of Lot 24"of said Wildwood of Countryside; thence run
North 03001'34" East, along the Westerly line of said Lot 24, a distance
PARCEL 107.03
;KARLEEN F. DEBLAKER, CLERK
:RECORD VERIFIED BY: ~
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This instrument prepared by,
Under the direction ~
Kenneth G. Wing
Assistant General Counsel
Department of Transpo tat ion
or
PINELLAS COUNTY FLA.
REC BK 8271 PG 219
OFF. .
of 15.84 feet; thence North 89029'32" Eaet, a dietance of 165.31 feet to
a point on the Easterly line of said Lot 24; thenc.e South 03001'28" West
along the Easterly line of said Lot 24, a distance of 16.34 feet to the
Southeast corner of said Lot 24 and a point on the Northerly right of way
of state Road 580; thence South 89039' 56" West along the South line of
said Lot 24 and said Northerly right of way line, a distance of 165.28
feet to the POINT OF BEGINNING.
Less existing rights of way.
Containing 2655 square feet, more or lese.
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
acrOBS the landa, including but not limited to the claim of interest based on the
following:
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
P.B.
BOOK/PAGE
72/20
PLATTED
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 such facilities as required by the state of Florida,
Department of Transportation, Utility Accorrunodation 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 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 City agrees to repair any damage to Department facilities and to
indemnify the Department against any lOBS or damage resulting from the
PARCEL 107.03
PAGE 2
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This inatrum.nt prapared by, or
Under the direction o~
Kenneth G. Wing
Assistant General Counsel
Department of Transpo ation
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 220
City exerciain9 ita ri9hta outlined in Para9rapha 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 T~SPORTATION
GLq. LcLl\
WITNESS I
PRINT NAME ::=')+<<ven J. Tdwe\ \
~}-..( MII~",,^QOl I N\
WITNESS '1\
PRINT NAME ~p,e(':r t='GRi mSle>f je-
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF f-\; I h~rr")( )9 h
The foregoing instrument was acknowledged before me this W+I,J day of
fY\o..."-I , 199.2...-, by .\4=r.AP"\-h p" \-I~"-+fY\n\"\r\ , DIRECTOR
OF PRODUCTION for District -YII-, who is personally known to me or-who-h~~rluoed
as identification, and who~~-(did not) take an oath.
~:,;
." .~_:::~~~~;~:~~";; r ,.
C),f~1 ~_) Ji-- .1~:>,'
PRINT NAME ----e-n{'\~: Lt1;.:'l"'>C:)i.j'~6
Notary Public in and for,.'l'h~,: :':.:' , .' ..'.f,'
County- '7nd. state ~ast af....o5..e.sB:-~.~~ . i<>,(,r"~.'~:':- ~.:.<~'.,
My Commus~on Exp~res: .::::.:r;q,=\qq::r,;c.... ',_.'..:'
serial No., if any: ~'~"'~""':"::~~'-~-~~~'<.~'~)~~~.;3.~"):-':-'
-'. .r~'.; "!'
.4~W',~X-'
PARCEL 107.03
PAGE 3
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This instrument prePvred by
Und2r the directionl
Kenneth G. Wing
Assistant General Counsel
Department of Trans ortation
or
OFF:~~~L~AS COUNTY FLA.
. K 8271 PG 221
NWITNESS WHEREOF, the said grantor has caused theee
its naIn by its Board of city Conuniseioners acting by
Chairpers of Baid Board, the day and year aforesaid.
presents to be executed in
the Chairperson or Vice-
STATE OF FLORIDA
I Florida,
ATTEST:
By Its City council
PRINT NAME
Clerk
By:
Ita Chairperson
(or Vice-chairperson)
PRINT NAME
ADDRESS
COUNTY OF
The foregoing instrument was acknowledged
, 199_, by
Vice-Chairperso~) of the
personally knpwn to me or who has produced
identification, and who did (did not) take an oath.
me this day of
1 Chairperson (or
City Council, who is
ae
PRINT NAME
Notary Public in
County and state last aforeBaid~
My Commission Expires:
Serial No., if any:
(SEE PAGE 5 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL 107.03
PAGE 4
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PINEL~ls COUNTY FLA.
OFF.REC.BK 8271 PG 222
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By:
1'; ,.'.. ,/
A\(IER, FLORIDA
.<:~}~):~~:."~~~~,; "'.\':";\'t.
STATE OF FLORIDA
COUNTY OF PINELLAS
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,'1":.
Ri a Garvey
Mayor-commissioner
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner 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 (l~)J)
the
WITNESS my hand and official seal this
g
,1993.
l!n/))Ji~f)a ~)~#
nnt/Type Name: 1 \ I -e.., {i IS(J~
Notary Public
"'~'S:~'~JJ:'
'~~:.A'"'' '~, MY DENISE A. WilSON
;..: " , COMMISSJON
";;" ,~., J N CC 201408 EXPIRES
".I:~"'"r;f.," unalB
",,,,,r,\.,' eoNOEO THRu ' 1995
TROY FAIN JfiSUAANCL ItfC
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 to me and did not take an oath.
/') "
WITNESS my hand and official seal this ~ day of ()J..J/).J. jJ) ,1993.
f\ '/1~.)~1 U.
!:::-)f r(J j f:J. ) ( ). L { / ....:f.;:'i,,'..;. ' DENISE A, WILSON
pr int/Type Name:'. f A.,I i ,('''' . ,S (',A) [:Jr4'~.\ MY COMMISSION I CC 201408 EXPIRES
Notary Public ""'~"",. Juno 18. 1996
':.'l:f..o;~v..>' BOHDED ll1AU TACY fMH lNSIJRANCf, INC.
'."""
Approved as
~
M. A. Galbraith
City Attorney
and correctness:
PAGE 5