SUBORDINATION OF UTILITY INTERESTS - PARCEL 111.06
-',:-
I INST # 93-137000
_.AY 13, 1993 10:24AM
!
This instrument prepared by, or
under. the dix;\wtion ~
Kenneth G, VYing
Assistant General Counsel
Department of Transportation
11291 N. Malcolm McKinley Drive
Tampa, Florida 3361~
PARCEL
SECTION
S.R. NO.:
COUNTY
111. 06
15070-2524
580
PINELLAS
K {'n~ t n +0'.
Legal Description Approved:
Date: Februarv 24. 1993 By:
nORIDA DEPT. OF TRANSI'ORTATION
JANE HARRIS, RIll' SUPERVISOR
DISTRICT VII Rill' OFFICE, M.S. 7.900
11201 N. MALCOLM MCKINLEY DR.
TAMI'A, FLORIDA 33612-6403
Dianne M. COllins~
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
the
and
THIS AGREEMENT, entered into this 8' day of /fpfi.! ,199.5, by
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein fter called the
the CLEARWATER, hereinafter called City.
and between
Department,
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 facilities relocated
if necessary to prevent conflict between the facilities 80 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:
8-ooYf19~City subordinates any and all of its interest in the lands as follows, viz:
i'~~.That part of Lot 40, Wildwood of Countryside in Section 29, Township 28
- South, Range 16 East as recorded in Plat Book 72, Page 20 of the Public
. Records of Pinellas County, Florida.
Being described as fo~lows:
~~'co
.<1
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 along the Westerly boundary of said Wildwood of Countryside, a
distance of 583.30 feet to the Southwest corne'r of said Wildwood of
Countryside, said point also being the Southwest corner of a Florida
Department of Transportation right of way as deacribed in Official Records
Book 5548, Page 7SB of the Public Records of Pinellas Co~nty, Florida;
thence North 891:139'56" East along the South line of said Wildwood of
Countrys ide and the South 1 ine 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 89"39'56" East along the South line of said Wildwood of Countryside
and the Northerly right of way line of State Road 580, a distance of
1,302.31 feet to the POINT OF BEGINNING. said point of beginning also
being the Southwest corner of Lot 40, of said Wildwood of Countryside;
thence run North 03001'10" East along the Westerly line of said Lot 40, a
PARCEL 111.06
I 'KARLEEN F. DEBLAKER,
RECORD VERIFIED BY:
PAGE 1
CLERK
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This instrument prspad(2d by"
Under the direction 0
Kennelh G, Wing
Assistant General Counse
Department of Transport ticn
or
UNTY FLA.
PINELLAS CO pG 234
1<. B271
OFF,REC.B
distance of 17.82 feet; thence North 89029'32" East, a distance of 155.29
~eet to a point on the Easterly line of said Lot 40; thence South
03001'05" West along the Easterly line of said Lot 40, a distance of 18.29
feet to the southeast corner of said Lot 40, 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 40, and Northerly right of way line, a distance of
155.26 feet to the POINT OF BEGINNING.
.
Less existing rights of way.
containing 2798 square feet, more or less.
to the interest of the Department, its Buccessors, 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 Acconunodation Guide, dated May,
1990~ Any new construction or relocation of facilities within the lands
will .be Bubj-ect to prior approval by the Department. Should the'
Department fail to approve any new construction or relocation of
faciliti~s 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 108s or damage resulting from the
PARCEL 111. 06
PAGE 2
I
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PC 235
This instrument prepare
Under K2~nSh1f.~~n of
Assistant General Coun,sel
Department of Transport tion
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 D~PARTMENT OF TRANSPORTATION
~~l\
WITNESS -' J""--"- I
PRINT NAME ~~vc...,. . ,',Jwel
WITNE~Pl€.'<.-.J- -+ K\ ~~^ 11)1
PRINT NAME Rnp,Q,<"+- l=", C:;K;mS\eY~ r
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF '\-\ II \sl::rx-r\( I-C)Y\
'-+hl
~ !he foregoing instrument was acknowledged before me this UP day of
~C~ ' 1992-, by '\<",n,'"\e.\-h A. Har+rYY:jI", ,DIRECTOR
PROOUCTION for District -YII-, who is personally known to me or-who'ha5-produced
as identification, and who di~{did not) take an oath.
OF
".. ._ ~'; :l;;
(lli. J1 l::t:tr . "if. V? 1LU.4i;;F' , (0
':::....f _ "..,,: .--r'.... j- i".
PRINT NAME ~r1(v'-Re~-,~;~, ,~.:---
Notary Public in and ~f..or th~:' ~'::,~'J :::.' , '
County and State ],..ast";: a~ores.ai:d-.. ~-~. '. :..- . t'.
My Commission Expires: Bffio:}qQ4 ...... .'
serial NOa, if any: .-.' ..~-.:.-."
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PARCEL 111.06
PAGE 3
,
I
This instrument pr8.par8WlY' r
Under th~.direction of
Kenneth G. Wing
Assistant General Counse
Department of Transport ion
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PC 236
N WITNESS WHEREOF, the said grantor has caused these
its nam by its Board of City commissioners acting by
Chairpers of said Board, the day and year aforesaid.
presents to be executed in
the Chairperson or Vice-
ATTEST:
PRINT NAME
Clerk
STATE OF FLORIDA
COUNTY OF
, Florida,
By Its city Council
By:
Its Chairperson
(or Vice-Chairperson)
PRINT NAME
ADDRESS
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
County and state last aforesaid.
My Commission Expires:
Serial NO.t if any:
(SEE PAGE 5 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL 111.06
PAGE 4
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BEFORE ME personally appeared Rita Garvey, the Mayor-commis;loner of the
above named city, who acknowledged that she executed the fotegoing
instrument. She is personally known to me and did not take an oath.
j day of ~ /} )
--, ?:
I
STATE OF FLORIDA
COUNTY OF PINELLAS
WITNESS my hand and official seal this
~mUJ1)()~J~~V "
Print/Type Name: . ,,<,e..., ,(J)/ I~'(),J
Notary Public .
STATE OF FLORIDA )
COUNTY OF PINELLAS )
WITNESS my hand and official seal this
~' {} f i .~
I' .' }!' .
, ,)I.1~)O) I "1,,
rint/Type Name :' ~o (,{~~ Jr 1_\o;J
Notary Public
correctness:
Approved as
I
,PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 237
CLEARWATER, FLORIDA
",I" ,,-...,",'
"'\
By:
,1993.
"'"''''
.4""'~~" DENISE A. WlLSON
,.,',b',";.\ MY COMMISSION I CC 201408 EXPIRES
~"~':s."-" Junu 18 1996
"J,7...~y':f,."r(...,., BONDED THRU TROY F~lI~ INSUAANCE.INC
the
g
, 1993.
4?ti~~< DENISE A, WlLSON
,.('.6"\.\ MY COMMISSION I CC 201408 EXPIRES
~'~.~'JJ June 18, 1996
"4('rjf.:~'t.,'. . BONO~D THRU TIUlV FAIN lNSUAAHc:E,IOC.
PAGE 5