SUBORDINATION OF UTILITY INTERESTS - PARCEL 115.02
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I INST # 93-137002
MAY 13, 1993 10:24AM
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This instrument prepared by, or
under the direction~f
Kenneth G, Wing . ,
Assistant General Cou~;~1
Department of Trans tation
11201 N. Malcolm Mc~ n1ey Drive
Tampa" Florida 33612
PARCEL
SECTION
S.R. NO.:
COUNTY :
115.02
15070-2524
580
PINELLAS
J1' I" (
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Legal Description Approved: ~)
Date: Februarv 24 , 1993 By: Dianne M. COllins\
FLORIDA DEI'r. OF TRANSPORTATION
JANE HARRIS, IUW SUPERVISOR
DISTRICT VIlIUW OFFICE, M,S. 7.900
IDOl N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 336D-6403
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
the
and
THIS AGREEMENT, entered into this ~ day of Alp~il ,19i? , 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 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 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:
'~;"Y .moo.",,',' '.Y .0< .., ., .,. '",...., ,. ,.. ...,. .. ,.,...., 0'"
:T hat portion of Lot 120, Northwood West in Section 29, Township 28 South,
ange 16 East as recorded in Plat Book 85, Pages 1-5 of the Public Records
: f Pinellas County, Florida~
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Being described as follows:
;
Corrunence at a 4'" x 4" concrete monument with bronze disc marking the
-------Southeast corner, of the Southwest 1/4- of Section 29, Township 28 South,
-~ange 16 East, Pinellas County I Florida; thence North 00004' 58" East along
the East line of the southwest 1/4 of said Section 29, a distance of
2,639~95 feet to a point on ,the Southerly right of way line of State Road
580, said point also being the Northwest corner of Lot 119, Northwood West
as recorded in Plat Book 85, Pages 1-5, Pinellas County, Florida; thence
North 89040'21" East along the North line of said Northwood West and the
Southerly right of way line of state Road 580, a distance of 154.06 feet
to the POINT OF BEGINNING, said point of beginning being the Northwest
corner of Lot 120, of said Northwood West; thence continue North 89040'21"
East along the North line of said Lot 120, and the Southerly right of way
line of said State Road 580, a distance of 80.01 feet to the Northeast
corner of said Lot 120; thence South 00019'39" East along the Easterly
line of said Lot 120, a distance of 6.69 feet; thence South 89"29'32"
West, a distance of 80.01 feet to a point on the Westerly line of said Lot
120; thence North OQo19'39h West along the Westerly line of said Lot 120,
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PARCEL 115.02
~ KARLEEN F. DEBLAKER, CLA~K,
RECORD VERIFIED BY: ~
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PINELLAS C
OFF.REC BK OUNTY FLA
. 8271 PG 244
This instrument prepare
Under the diracti of
I\ennetn G. Wing
Assistant General Couns~
Department of Tren
by, or
a distance of 6.94 feet to the POINT OF BEGINNING.
Less existing rights of way.
containing 546 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 based on the
following:
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO O.R.
BOOK/PAGE
CITY OF CLEARWATER 85/1-5
PLATTED
EASEMENT
04/16/82
NORTHWOOD WEST, A
FLORIDA GENERAL
PARTNERSHIP
PROVIDED that the following rights are reserved to the city:
1. The City shall have the right to construct I operate, maintain, improve,
add to, upgrade, ~emove, and relocate facilities on, within, and upon the
lands described herein in accordance with the Department's current minimum
standards for such facilities as require~ 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 ~o 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 sa~ety of the Department's facilities.
PARCEL 115.02
PAGE 2
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PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 245
This instrument prepared y, or
Und",J' th", .dirl'ction
lI.enneln G. Wing
Assistant General Counsel
Department of Trans
3. The city agrees to repair any damage to Department facilities and to
indemnify the Department against any lOBS 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 FLORIDA DEPARTMENT OF TRANSPORTATION
5-LQ.I'J II
WITNESS .-= I . J ---r:-' \
PRINT NAME '~c:ver. . I', d-...ve.l ADDRESS
_---Rd}11jtflJ' .k\^:."" " lZ&t 11 '
WITNESS
PRINT NAME P()Ber-\- ~ 6k':/\^sleo/,J,
f
of Production for District VII
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF ~l II \sb-<xu :J h
~~e foregoing instrument wps acknowledged before me this b~l') day of
1~\()...cL , 199..:3....-, by 1S:en"F+h A, +-\""M-fYDn" , DIRECTOR
PRODUCTIbN for District -Yll-, who is personally known to me or'Who'has-pr~duced
ae identification, and who.~(did not) take an oath.
OF
:" .:.~
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()a11.l.ff:U 7/.-.. y:f,u,c.-?C' ~~..~>,<:\"
~ ~-:c.i.~:.\::::/:...~;lt~"; , .
PRINT NAME _ ffir>c:+I-t=, W - 'Blc,,>-s:e
Notary Public in and for ;,~he:.~ ~:; ,"
County and state last afores'ai]:i'~.' _ ....:; !~..-
My Commission Expires: 3-l'ilti~l,.qq4':':,:::
Serial No., if any: "~:-:" '.
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PARCEL 115.02
PAGE 3
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This in.trurnent prepare
Und...r the rlirectio
1\9nnem (j, Wing
Assistant Ge'neral Cou~~~!
Department of Trans rtation
PINELLAS C
OFF.REC BK 8 OUNTY FLA
. 271 PG 246
WITNESS WHEREOF, the said grantor has caused these
its name by its .Board of city Commissionere 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.
PRINT' NAME
Clerk
By Its city council
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 115.02
PAGE 4
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l" OUNTY FLA.
PlNE LAS C pG 247
R B271
., OFF .REC . B
Attest:
WATER, FLORIDA
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By:
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STATE OF FLORIDA
COUNTY OF PINELLAS
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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 ~.j"f
the
WITNESS my hand and official seal this
,~
,1993.
~!)0.1~)}) ()" ~&~i
nnt/Type Name: 1. . lli ISo;J
Notary Public
l~::;i.\:,~~, DENISE A. WILSON
~t,b,"};) MY COMMISSION I CC 20~408 EXPIRES
":;.:~~,... Juna18,199D
;F.',~f,.p..i:f...' EIOHOED TliRUTROY FAIN ItGURAHCf, INC.
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!) , 1993.
6\ : \ I'r k d . ~ i "",::;i.\:,'%.. DENISE A, WILSON
k::f f'()GOJ ) (.A. 1. ( f& 01 !.(4""!.) MY COMMISSION I CC 201408 EXPIRES
Print/Type Name:' j e 'I e ,{Ii / \()' 1 \;;~\w June 18, 1996
. ___ . '_.~_~_ _ __ ~ .F...'1i..;t.... BOHO[OTMAllTllOYF....IHIKSUIlAHCE..OC
Notary Publlc
Approved as correctness:
~L
M. A. Galbralth, 7t.
city Attorney
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