SUBORDINATION OF UTILITY INTERESTS - PARCEL 109.08
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h. NST # 93-136998
Mh~ 13, 1993 10:24AM
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This instrument prepared by, or
under the direction 0
Kenneth G. Wing
Assistant General Counsel
Department of Trans rtation
11201 N. Malcolm Mc in ley Drive
Tampa, Florida 33612
PARCEL
SECTION
S.R. NO.:
COUNTY
109.08
15070-2524
580
PINELLAS
JZ e fur ,'- -1-0' .
Legal Description Approved: lill)
Date: Februarv 24. 1993 By: Dianne M. COllins~
FLORIDA DEPT. OF TRANSPORTATION
JANE HARRIS, RlW SUPERVISOR
DISTRICT VII RlW OFFICE. M.S. 7-900
11201 N. MALCOLM MCKINLEV DR.
TAMPA. FLORIDA 33612-6403
UTL.04
SUBORDINATION ,OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this fZ...... day of Itpr-i} ,19s..7, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department,
and 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 nece~eary 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 facilities relocated
if necessary to prevent conflict between the facilities so tpat the benefits of each
may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and promisBs of the
parties hereto, city and Department agree as follows:
~Er~lr3?;ity subordinates any and all of its interest in the lands as follows, viz:
OT~. hat part of Lot '32, Wildwood of Countryside in Section 29, Township 28
~ . outh, Range 16 East as recorded in Plat Book 72, Page 20 of the Public
s ~Jf~ecords of Pinellas County, Florida.
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,
Being described as follows:
: ____~omrnence at a 4"x4" concrete monument marking the Northwest corner of the
c 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"
7A~ --'-West along the westerly boundary of said Wild,wood of Countryside, -a
J ll. rv; distance of 583.30 feet to the Southwest corner of said Wildwood of
1 ~ountrY8ide, said point also being the Southwest corner of a Florida
r1 Department of Transportation right of way as described in Official Records
--/ Book 5548, Page 758 of the Public Records of Pine'llaa Cqunty, Florida;
thence North 89039' 56" East along the South line of said Wildwood of
C01.l:ntryside 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
981.77 feet to the POINT OF BEGINNING, said point of beginning also being
the southwest corner of Lot 32; of said Wildwood of Countryside; thence
run North 03001'22" East along the Westerly line of said Lot 32, a
PARCEL 109.08
iKARLEEN F. DEBLAKER,
;RECORD VERIFIED BY:
CLERK
J30
PAGE 1
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This instrument prepared by, or
,Under the direction~
Kennelh G, Wing
Assislant General Counsel
Department of Trans tation
PINELLAS COUNTY FLA
OFF.REC.BK 8271 PG 224
distance of 16.85 feet; thence North 89029'32" East, a distance of 165.31
feet to a point on the Easterly line of said Lot 32; thence South
03001'16" West along the Easterly line of said Lot 32, A distance of 17.35
feet to the Southeast corner of said Lot 32, 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 32 and said Northerly right of way line, a distance
of 165.28 feet to the POINT OF BEGINNING.
Lese existing rights of way.
containing 2821 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
across the lands, including but not limited to the claim of interest baaed 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 Accommodation Guide, dated Hay,
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 coat of acquiring appropriate eaBements~
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 109.08
PAGE 2
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This instrument prepared by, or
Unde'i<JrtI.'6th'\1::,w.Mon~
Assistant General Counsei
Depar~ment of Trans tation
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 225
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
pre Bence 0 f :
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
-5t:-~.L\\
WITNESS .=:: I J -....
PRINT NAME ~.e.,..c,..., , I ;dw<.-Il
-Qri\fJ\ ~ + J:i~A { rr
WITNESS '
PRINT NAME RoG,~,~ t=" ('::.,Rimc;:.,\e-F,>'
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF \-\;I\sIXX"0ogh
The foregoing instrument waf' acknowledged before me this (0 +r,/ day of
M,,~ , 1993-, by 'hPi",<""+\o> A I--t-aM\"Y'U(,\(,,\ ,DIRECTOR
PRODUCTI0N for District -Yl!-, who is personally known to me or~~ced
as identification, and who ~(did not) take an oath~
OF
(7./1"711+1-: / }f.. /)07rfU//jO:~>. ~',
~ .-::- ",'I"':.4.~"::-~":"":',4,,:---.:l'; ') ,"
PRINT NAME :.....)prTnT~\\ I; .W'_~'{J5_~'.~~r.."".. .\.
N t P bl" d f 't'hf.;' ,'.."., '"..
o ary u ~c ~n an or~~ ..... ';,::,~" ':')",:.,..:'.;.'~,.." '. '. .:.~ :-
County and state last af~~_e id::::" .;-. / '~:.:.,~ ~
My Commission Expires: ~."(')9-"'lqq2\: '.. ,/'-:"-,: "
Serial No., if anY:;;~~--~~gf~~t.:;~};:?..
~...~..': ;.
PARCEL 109.08
PAGE 3
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This instrument prepared by, or
Under, ~eM-~vM~n ~'
ASSistant General Counsel
Department of Transpo ation
;lNELLAS COUNTY FL~26
OFF.REC.BK 8271 PG
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-
STATE OF FLORIDA
, Florida,
ATTEST:
By Its City Council
PRINT NAME
Clerk
By:
Its Chairperson
(or Vice-Chairperson)
PRINT NAME
ADDRESS
COUNTY OF
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.
me this day of
, 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 109.08
PAGE 4
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PINEL LAS COUNT~/L~i7
OFF. REC. BK 8271
By:
WATER, FLORIDA
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&...JtL..-___
chael J. '" ,oi'ght "'~ '
ManagE!:t,<' <';':-:
-~. .... ;:- .-
Ri ta Garvey.
Mayor-commissioner
Attest:
":.,:" ;.
Z_' ..:' :~
<. .
(', .... ,;
Goud '-'<'Clty G""eit:'j~--i
'.: ' '1,: ':: 'r~";"J~,,(..~C:'l'f\,:'<;.':='
',",f:,'; \C\.>.J
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, the Mayor-commissioner o'f the
above named city, who acknowledged that she executed the foregoing
instrument. She is personally known to me and did not take an oath.
WITNESS my hand and official seal this ~ day of IJ ~),t; j) ,1993.
[)lroli~)(J. ~~f'
Print/Type Name: \', I 1,[S0u
Notary Public
,.$.1iW~.. DENISE A, WILSON
,.t A \.\ MY COMMISSION N CC 201408 EXPIRES
~.~..';: June 16. 1996
J"'~,9:::r..'f...'~ BOH:lEO THRU TROV FAItII~UR-'NCE, INC.
STATE OF FLORIDA
COUNTY OF PINELLAS
.
WITNESS my hand and official seal this
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.
day OfL2p,~ fJ
...x~;:'i''''" DENISE A. WILSON
[:'(4 "'Y:~ MY COMMISSION N CC 2OHoa EXPIRES'
~.,~':<l'.: June1B,1996
-:";;;~'D;'';.:~:-':- &QNOEDT'rlRU TROy fAIN II6UPJJiCE.1HC.
........,.'
g
, 1993.
) / ,
rint/Type Name:
Notary Public
Approved a
and correctness:
J./,u-
M. A. Galbral~, Jr.
city Attorney ,
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