SUBORDINATION OF UTILITY INTERESTS - PARCEL 110.03
I INST # 93-136999
flAY 13, 1993 lO:24AM
I
This instrument prepared by, or
under the direction of
Kenneth G. Wing ~
Assistant General Counsel
Department of Trans rtation
11201 N. Malcolm McKi ley Drive
Tampa, Florida 33612
PARCEL
SECTION :
S.R. NO.'
COUNTY
110.03
15070-2524
580
PINELLAS
IZ etu.( n -tD '.
Legal Description Approved, \..,,)
Date, Februarv 24. 1993 By' Dianne M. co11ins~'
FLORIDA DEI'T. OF TRANSPORTATION
JANE HARRIS, RfW SUPERVISOR
DISTRICT VlI RIW OFt'lCE, M.S. 7-900
11201 N. MALCOLM MCKINLEY DR.
TAMI'A, FLORIDA 33612-6403
UTL.04
SUBORDINATION 01" CITY UTILITY INTERESTS
the
and
THIS AGREEMENT, entered into this ~ day of ~r; I ,19iJ, 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 p~rpoees; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of tpe 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 BO 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:
fjECORDINCl
~CT11~) City subordinates any and all of its interest in the lands as follows, viz,
~V at part of Lot 33, Wildwood of Countryside in Section 29, Township 28
~S uth, Range 16 East as recorded in Plat Book 72, Page 20 of the Public
Records of Pinellaa County, Florida.
r
::;
------Being described as follows:
:
s
______~ommence at a 4"x4" concrete monument marking the Northwest corner of the
______~lat of Wildwood of Countryside, as record~d in Plat Book 7~, Page 20 of
the Public Records of Pinellas County, Florida; thence South 11002'00"
dlf CO West alof.1g the westerly boundary of said Wildwood of Countryside, a
distance of 583.30 feet to the Southwest corner of said Wildwood of
(1 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 Pinellaa 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 5"6.99 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
1,147.05 feet to the POINT OF BEGINNING, said point of beginning also
being the Southwest corner of Lot 33, of said Wildwood of Countryside;
thence run North 03'01'16" East along the Westerly line of said Lot 33, a
-,\!..
PARCEL 110.03
IKARLEE~ F. DEBLAKER,
[RECORD VERIFIED BY:
CLERK
~
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PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 229
This instrument prepared by, or
Under the direction~
Kenneth G. Wing
Assislanl Genetal Counsel
Department of Trans tat ion
distance of 17.35 feeti thence North 89'29'32" East, a distance of 155.29
feet to a point on the Easterly line of said Lot 33 i thence South
03'01'10" West along the Easterly line of said Lot 33, a distance of 17.82
feet to the Southeast corner of said Lot 33, and a point on the Northerly
right of way line of state Road 580; thence south 89039'56" West along the
South line of said Lot 33 and said Northerly right of way line, a distance
of 155.26 feet to the POINT OF BEGINNING.
Less existing rights of way.
containing 2725 square feet, more or leBS.
to the interest of the Department, ita successors, or assigns, for the purpose of
constructionl 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
PLATTED
EASEMENT
DATE
FROM
TO P.B.
BOOK/PAGE
CITY OF CLEARWATER 72/20
05/07/74
U.S.HOMES OF
FLORIDA
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 Bubject 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 lose or damage resulting from the
PARCEL 110.03
PAGE 2
I
I
This instrument prepared by, or
Under the direction~
Kenneth G. Wing
Assistanl General Counsel
Department of Trans rtation
UNTY FLA.
PINELLAS C~l PG 230
OFF.REC.BK 82
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
~C)~\\ .
WITNESS 5' I ---..-
PRINT NAME "",,,vc.n -....J. I id""'-G 11
~~ + k\^~/\OOlI1".'
WITNESS
PRINT NAME 'R()B<2~--\- r=-GK\1'Y"-"SIe.y ~r
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF -\-h\\slx),()( !(iI,
The foregoing instrument was acknowledged before me this 6~h) day of
fY\o..)' , 199~, by \..;Cr\f\P+r. A, HnoMmC(\")" , DIRECTOR
OF PRODUCTION for District -Yl!-, who is personally known to me ~~~uced
as identification, and who~~~(did not} take an oath.
,"-.-.
'~ 'jJ Lf.<- /,
,11 r:tJ7 --' FV- I I~.' ~-.j.'." .._
."'...1:,' "":"'-)'"
PRINT NAME ~C1np~~;'W-',F'o0Se...'.
Notary Public in and ,,~,o:r:: ,-,the:....<. .".f;- ,'.".. ,',
County and State laBt;~; afo:r;~-said. ," '.,.'~.~~1",':
My Commission Expires: :3<;q'-\QQ4"
Serial No., if any: -. .~.: . .'
'r.",
~, . -.
:~-i''':' .
,_0.
.'~.
.~ '.>/ f.~':::'-;' ,.""
PARCEL 110.03
PAGE 3
I
I
This instrument prepared by, or
Under the direction~f
Kenneth G, Wing
Assist;:at"lt ~~!",!pr:'l! .......-....,,'::.QI
Department of Trans' tat ion
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 231
N WITNESS WHEREOF, the said grantor has caused these
its nam by its Board of city Conunissioners acting by
Chairpers of said 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:
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 110.03
PAGE 4
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PINtLL~S COUNTY FLA.
OFF.REt.BK 8271 PG 232
/
ATER, FLORIDA
'" ....,. '~~'~f'" ~ .
M chael J. "J1..r\~c .". :HQ,' ,,' .-
c . M . , r ,,-'<., .' ,
l Y ana.gJq:;,,,,,..~., ;.:,:' ,'...', ,
.;, ,..r:(,wI.~' ..~I-~Y;\: .:;. ~o"
""" - ..- ~)::- ."'1.... "i'!'" ...' ..,'., '.,' "
,,", i~'.-~::::~p~~~ ~:<g;:.[i;;/J ,il'li/~:~-' <"",
, \ n . <. .~,~.. ", "'"~'''': '~1 "'~""''''; :
~C- 'TI ~
By:
Rita Garvey
Mayor-commissioner
ia E. Gou
. aYe;: Q:ilr' Cler}t'
I . '/"{e'i<"-'" -; ...."''''..::-
I ~ <:... \ '1 c: . "
",. I /<...."0;.:;"'". .~ ".,'
, ~. , f F, ~: \ \....' -. ..
. ( ~, '". . '. j ... ,.".........
,\\\ \.,\.....'-......''-~
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.
WITNESS my hand and official seal this ~ day of O/j-V> l'j) ,1993.
Arf)~';:~ )(} Id~~i
Pnnt/Type Name: ?' , . u I,soi';
Notary Public
"...~....,., DENISE A, WILSON
f.1i'k"'iif:, MY COMMISSION H CC 2Q1408 EXPIRES
l.-:~.:..: Juna1B.19gfi
....;j'"I....... ,.';,:,~." BONDED 1llR\l TAOV fAIN INSURANCE, INC.
"..'1:""",.,
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 .? day of ;'7 j~A)j/, 1993.
[}. Q ~." ...~~;:'i:"".. DENISE A~
. \ ~ /i ~ f.'rb""f::\ MY COMMISSION H CC 201408 EXPIRES
IV)..( N J. _' c.xl;fJ.. ",;,~,if June 18, 1996 '
Prlnt/Type Name: 1 )ISc.., /1" JII.'\()'u ""i..':if.'il/ OO''''01\lIWlROmlN'HSu,,"CE,'t<:,
Notary Public '
Approved as
fo m and correctness:
PAGE 5