SUBORDINATION OF UTILITY INTERESTS - PARCEL 116.05
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I INST # 93-137003
~AY 13, 1993 10:24AM
I
This instrument prepared by, or
under. the.hd..i.rection~
Kennel B. wing
Asslstanl General Counsel
Department of Trans tat ion
11201 N. Malcolm McKinley Drive
Tampa, , Florida 33612
I 116.05
15070-2524
5eO
PINELLAS
PARCEL
SECTION,
S<R. NO.:
COUNTY
R eilAr (\ +0,
Legal Description Approved:
Date: Februarv 24. 1993 By:
Dianne M. COllins~
FLORIDA DEl'T. OF TRANSI'ORTATION
JANE HARRIS, RlW SUPERVISOR
DISTRICT VII RlW OFFICE, M.S. 7-900
11201 N. MALCOLM MCKINLEY DR,
TAMPA, FLORIDA 33612.6403
UTL.04
SUBORDINATION OP CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~ day of ItpYi I ,19~, 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 B:
WHEREAS, the city presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed uee 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:
~FCORDING
~ J~That portion of Lot 121, Northwood West in section 29, Township 28 South,
~Range 16 East as recorded in Plat Book 85, Pages 1-5 of the Public Records
- ~~Of pinellas County, Florida.
Being described as f~llows:
--~Commence 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,
_____Range 16 East, Pinellas County, Florida; thence North 00004~58" East along
~_the East line of the Southwest 1/4 of said Section 29, a distance of
~L d f~ 2,639.95 feet to a point on the existing southerly right of way line of
-.d...:L.!U.L-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 234.07 feet to the POINT OF BEGINNING, said point of beginning
being the Northwest corner of Lot 121, of said Northwood West; thence
continue North 89040'21" East along the North line of said Lot 121, and
the Southerly right of way line of said State Road 580, a distance of
80.00 feet to the Northeast corner of said Lot 121; thence South 00019' 39"
East along the Easterly line of said Lot 121, a distance of 6.44 feet;
thence South 89029.' 32" West, a distance of 80.00 feet to a point on the
Westerly line of said Lot 121; thence North 00019' 39" West along the
PARCEL 116.05
!KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY:' ~
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This instrument prerLa.red y, or
Und~r the direction
Kenneth G, Wing
A5515tanl General COllnsel
Department of Trans ation
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 249
Westerly line of said Lot 121, a distance of 6.69 feet to the POINT OF
BEGINNING.
Less existing rights of way.
containing 525 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 DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
PLATTED 04/16/82 NORTHWOOD WEST, A CITY OF CLEARWATER 85/1-5
EASEMENT FLORIDA GENERAL
PARTNERSHIP
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 Buch 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
ita 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 Departmeqt's facilities.
PARCEL 116.05
PAGE 2
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This instrum~nt prepared by, or
Under the direction fM
Kenneth G, Wing
Assistant General Counsel
Department of Transp ation
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 250
3. The City agrees to repair any dlifllage to Department facilities and to
indemnify the Department against any loss 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:
for District VII
~q~\\'
WITNESS l' , J -r- \
PRINT NAME ~:'+ev~,,'"\ . "'c\,^,c.l.
~~t ~~.~~rr. .,
WITNESS
PRINT NAME Ro\3e,,\- F' G ',lY\'Slei' ~,r-
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF t-\Il\<:;~(~h
The foregoing instrument was acknowledged before me this ~~hJ day of
Ma-..::-L , 1992-, by \<"",,,..-+1-\ A, HClNI'"an(\ DIRECTOR
PRODUCTIl)N for D~str~ct -111-, who ~s personally known to me or~~ocluced
as identification, and who~ (~id not) take an oath.
OF
C} r, ~, #h -' It- 'q ~<V -',:: '. "
PRINT NAME :)R, ",a+\..~, 'vl:~t'6; :is'r:,:'
Notary Public in and for the. .
County and state last aforesaid'.'.
My Commission Expires: 3-()q::q-~
Serial No., if any:
~~,>_:<,:.., .-
'.
PARCEL 116,05
PAGE 3
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Thi8 in8trument preiare by, or
Und~r the direction
Kenneth G. Wing !
Assistant General Counsel
Department of Trans tatlon
OFF Pr'NELLllS
. REC BK COUNTY
. 8271 PGFLll.
251
WITNESS WHEREOF, the eaid grantor hae cau8ed theee
by its Board of city commissioners acting by
of said Board, the day and year aforesaid.
preeentB'to be executed in
the Chairperson or Vice-
ATTEST:
, Florida,
By Its city council
PRINT NAME
Clerk
By:
Ita Chairperson
(or Vice-Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF
The foregoing in8trument waa 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 thi8 day of
, Chairp~rson (or
City council, who is
as
PRINT NAME
Notary Public in and for the
County and state last aforesaid.
My Commise~on Expires:
Serial No., if any:
(SEE PAGE 5 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL 116.05
PAGE 4
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PIJELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 252
By:
,'" AT,ER, , FLORIDA
, n
,~_-- ,t.. .~'. "
Rlta Garvey
Mayor-commissione
la E.' ~ou
.' v
"
('"
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 s.eal this L day of ~ 1'1 ) ,1993.
NelYU N )(J / J i4#9?1 ~
Pnnt/Type Name: I )/' , . (J; )S()L)
Notary Public
,.'i""';:;"", DENISE A, WILSON
e'@ ,.~:~ MV COMMISSION' CC 201408 EXPIRES
~'~..~'.$'..,. June 1B. 1996
-':;',iif.:i;;f.-" BONDED THRU TROY FAIN I~Uftl.NCE, l~.
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.
W~TNESS my hand and official seal this ~ day of (2~~ j) ,1993.
(/\ I\f) . ^ n ) () 4) B'~~~ ') ,<~t""... DENISE A, WilSON
N IIIJ.-... U! .' .{ L' U' f'P,"'b~;, MY COMMISSION' CC 201408 EXPIRES
Print/Type Name:';p;.) .s.? ,(eI, IS()Jl,~';'~ June 18,1996
N t P bl' "if.oi';"<t.,. IlONDEDTHRU1'ROYFAlN'NSUMHCE,I~.
o ary u lC ..........
and correctness:
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