SUBORDINATION OF UTILITY INTERESTS - PARCEL 134.04
!<II:-
)INST # 93-142083
MAY 18, 1993 4:38PM
IPINELLAS COUNTY FLA.
OF~.REC.BK 8276 PG 19
This instrument prepared by, or
unde 'i<ertn'et~~Wfrtd-on
Assislanl General Counsel
Department of Transpo tat ion
11201 N. Malcolm McKi ley Drive
Tampa, Florida 33612
PARCEL . l34.D4
SECTION : 15070-2524
S .R. NO.: 580
.COUNTY PINELLAS
UTL.04
J ~.hA( Yl- -t-t "
FlffiIDA DEPI'. OF 'IRANSFORTATIrn
JANE HARRIS, R/W SUPERVISX
DISIRIcr VII, R/W OFFICE, M.S. 7....cm
11201 N. MAlillM MJ.CINLEY DR.
TAMPA, FlffiIDA 33612-6403
Legal Description Approved: ~lli)
Date: Februarv 24, 1993 By' Dianne M. collinstp,-
SUBORDINATION OF CITY UTILITY INTERESTS
the
and
THIS AGREEMENT, entered into this 8 day of /lpri / ,19s-? , by
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
the CITY OF 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 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:
,:J~~'" '.00<"."" ,., .., ." " '" ,.,.<." ,. '0' ,.." ., "",.,, .",
_ hat part of Lot 17, Block "A", Northwood Estates - Tract "e" in Section
: 9, Township 28 South, Range 16 East, as recorded in Plat Book 75, Pages
_~ 65-66, of the Public Records of Pinellas County, Florida.
,
~_~eing Described as follows:
-.. ~Commence at a 5/8" Iron Rod, P.L.S. #1762, marking the point of Tangency
--- on the Westerly line of Block "A", Northwood Estates - Tract "c" as
_~: -recorded in Plat Book 75, Pages 65-66, of the Public Records of pinellas
__~ Ut)county, Florida, said point also being a point on the Easterly right of
'~~ay line of Landmark Drive; thence North 00004'37" East along the Westerly
I line of said Block "A" and the Easterly right of way line of Landmark
1......-- i Drive, a distance of 512.59 feet to the POINT OF BEGINNING; thence
continue North 00004' 37" East along the Westerly line of said Block "A",
and the Easterly right of way line of Landmark Drive, a distance of 35.78
feet to the Northwest corner of Lot 17, Block "A", of said Northwood
Estates" _ Tract "e", said Northwest corner also being a point on the
existing Southerly right of way line of state Road 580; thence North
89040'41" East along the Northerly line of said Lot 17, and the southerly
right of way line of State Road 580, a distance of l37.38 feet to the
Northeast corner of said Lot 17; thence South 06024' 45" East along the
Easterly line of said Lot 17, a distance of 2.91 feet; thence South
89048'03" West, a distance of 104.10 feet; thence South 45'17'55" West, a
PARCEL 134.04
PAGE 1
[KARLEEN F. DEBLAKER, CLERK
'RRCORD VERIFIED BY: .~--
CJO
/' '
( " ' '
_I;, I
,~-/,/
1
fINELLAS COUNTY FLA.
OFF_REC.BK 8276 PG 20
This inetrurnent prep1jJrSd by, or
Undll:&n~ll'i <f.W~8tionJl
Assislant General Counsel
Department of Transp rtation
distance of 47.35 feet to the POINT OF BEGINNING.
Less existing rights of way~
containing 935 square feet, more or less~
to the interest of the Department, its Buccessors, or a~BignB, 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
PLAT
BOOK/PAGE
75/65 & 66
PLATTED
DRAINAGE AND
UTILITY
EASEMENT
03/26/76
NORTHWOOD ESTATES,
A CO-PARTNERSHIP
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 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 constructi~n 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 10s8 or damage resulting from the
PARCEL l34.04
PAGE 2
I
OFF.R1c.BK 8276
PINELLAS COUNTY FLA.
PG 21
This inatrument prepared by, or
undeRefi~h~~~gion~
Assistant General Counsel
Department of Trans rtation
city Ixercilinq itl riqhtl outlined in Paraqraphl 1 and 2 abovI.
IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day
and year first above written~
Signed, sealed ~nd delivered in the
presence of:
SPORTATION
6J-C'-Io';V' J .-r;dvJ<"-11
WITNESS ~ %=b-
PRINT NAME ~L-- . .'~I\
--Q~,J~ MN-""~i ty\
WITNESS .
PRINT NAME +<nR<2.<"\ ~C:;Q.d)'\s\e~/,\,
I
of produc
for District VII
ADDRESS
ll20l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF Un bb<Jrf-i( \Qh
The foregoing instrument was acknowledged before me this /c.+H day
199~, by \(.",,('\.e\1-\ A. .\-1",,(""\-I1'Y\I'\\\ , DIRECTOR OF PRODUCTION
VII , who is perao~ally known to me or-who~-p~ea
as identification, and who ~~(did not) take an oath~
of Mn'j ,
for Distr iet
Cf.<;m In" -' If-,
..-.-
PRINT NAME ,)P'('i ('\t"-++""
)t) If'A.L4.F -'
,^J R(")( )', r:.
,-,,'
",
.~ .... ';'"
Notary Public in and for the
County and State last ~{preBaid.
My Commission Expires: C;5-ny- jqq4
Serial No., if any:
: '-'.
'.1'"
'-
,~.
"
."',
,
'. .
.~'/,p
"
PARCEL 134.04
PAGE 3
)
PINELLAS COUNTY FLA.
01F.REC.BK 8276 PG 22
This instrument prepQ?re by,
Unde~ the direction f
Kenneth G. Wing
Assislanl General C01JO~~!
Department of Trans rtation
or
ATTEST:
WITNESS WHEREOF, the said grantor h&s caused these
by its Board of city Cormnissioners acting by
of said Board, the day and year aforesaid.
presents to be executed in
the .Chairperson or Vice-
, Florida,
By Ite City council
PRINT NAME
Clerk
By:
Its Chairperson
(or Vice-Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged
, 199_, by
Chairperson) of the
personally known to me or who has produced
identification, and who did (did not) take an oath.
e this ____ day of
I Chairperson (or Vice-
, FIe 'da, 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 134.04
PAGE 4
I
PINELLAS COUNTY YLA.
OFF.REC.BK 8276 PG 23
I
By:
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
lChaer'...J:,.. 'r1gh:t-
C'ty Milb'i.,ge);; .. ".>. ,.
.-/~. .>.~".)';.(( .~..
.:. c. ," \._i\:-,Cl .
. ~ ~"'~:} :~:..
("", ~ -:' ':c ~. - ~~.~(t~'~U ,~;
~ \.. ~_.J #,go....." c;..,
la E. ,GQpQeau, Cl~Y~Clerk
!i) 'v",.F >"..c,...:"'(<"\"~'" \,,'-.:
It., .:-! { ,'! <:'. \.\....,;..
, . ~-' ......' .. ,~".
.... ~ '... \ \ . " ','" -, ' , .
Rlta Garvey
Mayor-commissione
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 ~J'j1) ,1993.
~ .. ") () I ~ .~~. ~ "'':!;''''~'' DENISE A. WILSON ~PIRES
f\f\j f\n ~ ( . f.~:~A..,...t:\ hi" COMMISSION I CC201408~
W_y_~ ._~~ ~ ~~'8,'_
rlntjType Name:'. J 1/~'VrA.../;{io,-;,i~" BOHD<oTHRIlT1\OYfAlNltlSIJP,ANCE,'''''
Notary Public --
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Michael J. wright, the city Manager of
above named city, who acknowledged that he executed the foregoing
instrument. He is personally k.nown to me and did nO.f/ t) t~a:ke .an oath.
WITNESS my hand and official seal this ~ day Of~~~ ,
ftt ' (J t ]:1 . ,"''';'~'''' I
An I I'd ) ~ ~~. ) . !"'~';"'''~l;i-, DENISE A. WILSON
J r U '{ .\.K, ' ,', ,'; MY COMMISSION I CC 201400 EXPIRES
rintjType Name: 'A I'" II)i IS,C,(.Ji.......?j,./ Jun. 18, 1996
Notary Public ..,....~,' 8ONOEOTHRUTROYFAIHINSlJRANCf.J~
the
1993.
and correctness:
~(!.d._
M. A. Galbraitt,
city Attorney
PAGE 5