SUBORDINATION OF UTILITY INTERESTS - PARCEL 801.04
,
J INST # 93-137004
AY 13, 1993 10:24AM
I
This instrument prepared by, or
under the directi of
Kenneth G. Wing
Asslstanl General Counse
Department of Tran ortation
11201 N. Malcolm M inley Drive
Tampa, Florida 33612
PARCEL
SECTION
S.R. NO.:
COUNTY
801. 04
15010-2524
580
PINELLAS
~~(i\
{zl',
Legal Description Approved: ~J)
Date: October 30, 1992 By: Dianne M. collins~M/
F1ffiIDA DEPT. OF 1RANSFORI'ATICN
JANE HARRIS, R/W SUPERVL'rn
DISffiICT VII, R/W OFFICE, M.S. 7....rm
11201 N. MALCDlM t1:1<INLEY DRIVE
TAMPA, F1ffiIDA 33612~3
UTL.04
'SUBORDINATION OF CITY UTILITY INTERESTS
the
and
THIS AGREEMENT, entered into this ~ day of f07fi ( , 199-Z, by
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein fter 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 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 ~ereto, city and Department agree as follows:
;;e~~~11city subordinates any and all of its interest in the lande as follows, viz:
'. That part of Lot 17 I Block "A", Northwood Estates - Tract "C" in Section,
- ~y GO 29, Township 28 south, Range 16 East, as recorded in Plat Book 15, Pages
3 65-66, of the Public Records of Pinellas County, Florida.
Being Described as follows:
Co~ence at a 5/S" Iron Rod, P.L.S. 11762, marking the Point of Tangency
on the Westerly line of Block "A", Northwood Estates - Tract "e" as
recorded in Plat Book 75, Pages 65-66, of the Public Records of Pinellas
N.... ,/. (j) County, Florida, said point also being a point on the Easterly right of
~::t~. way line of Landmark Drivej thence North Ooo04'37~ East along the Westerly
i'( line of said Block "A" and .the Easterly right of way line of Landmark
"'Vrive, a distance of 505.55 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 Drivel a distance of 7.04
feet; thence North 4S0l1'S5" East 47.35 feet; thence North 89048'03" East
104.10 feet to the Easterly line of said Lot 11; thence South 06024'45"
East along the Easterly line of said Lot 17, a distance of 5.03 feet;
thence South 89040' 41" West 102.82 feet; thence South 45017 I 55" West, a
distance of 49.95 feet to the POINT OF BEGINNING.
Less existing rights of way.
containing 772 square feet, more or less.
PARCEL 801.04
!KARLEEN F. DEBLAKER,
iRECORD VERIFIED BY:
CLERK
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This instrument prepared by, or
Under the directiO'1~
Kenneth G. Wing ,
Assislant General Counsel
Department of Trans tat ion
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 254
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
across the lands, including but not limited to the claim of interest based on the
following:
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
PLAT
BOOK/PAGE
CITY OF CLEARWATER 75/65 & 66
TO
PLATTED
DRAINAGE AND
UTILITY
EASEMENT
03/26/76
NORTHWOOD ESTATES,
A CO-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 such facilities as required by the State of Florida,
Department of Transportation, Utilit.y 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 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
PARCEL 801.04
PAGE 2
,
I
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This instrument prepared by, or
Under the directiO~
Kenneth G. Wing
Assislant General Counsel
Depa~tment of Trans ortation
PINELLAS COUNTY FL~.
OFF.REC.BK 8271 PG 255
indemnify the Department against any loss or damage resulting from the
City exercising ite rights outlined in Paragraphe 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
Dir ctor of Production for District VII
ADDRESS ll201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF .\-\ \'\ k bc>.n :Jh
I .
:3 The foregoing instrument, '('as acknowledged before me this ~ day of IYhj ,
199~, by .I<:: ~f\Y'~-\'\ A. H'Clrl-lY\(lt'\(') , DIRECTOR OF PRODUCTION for Dlstrict
VIr , who is personally known to me ~hb-ha~rodueed
as identification, and who did (did not) take an oath.
0/1 /}1 rn-o ; JI-. Yi~;~ ~'., ..... .'."
PRINT NAME :JRJ.",~:'.W:'Fo(j~e.
-~'I.-;:;~';;~~;~";?;.l_"'" '-"'~,._~,:>'::.:; ".: .
Notary Public ,":.i'n',:'arid~~:for.. the;'::~'~'-'"
~ .' '" '-'
County and State~:~-1'aBt ,:a,!.ores"aid. ...-
My Commission Expi'i.-es,g'(..3-,r'iCj-\QQL\
Serial No., if .~a:n;:;~..t~<~: \~ ;./-" ,,-.':. _.. ."
WITNESS WHEREOF, the said grantor has caused these presents ito ,_b~~"e:f~,'cuted''':in;> ." .
its name its Board of City conunissioners acting by the Chairpe'rson .-"_Cili'...VJ.:ce'-
Chairperson 0 'd Board, the day and year aforesaid. '.~ </: \-" ."
PRINT NAME
Clerk (or Deputy Clerk)
, Florida,
ATTEST:
By Its City Council
Its Chairperson
(or Vice-Chairperson)
PRINT N
ADDRESS
PARCEL 801.04
PAGE 3
,
This instrument prepared by,
Under the Oir~ction~
Kenneth G. Wing
Assistf'nl Genera! Counsel .
Depa~tment of Transp rtation
OF FLORIDA
instrument
, 199_, by
Chairperson) of the
personally known to me or w
identification, and who did
I
or
I
. PINELLAS COUNTY f~~.
OFF.REC.BK 8271 PG 256
was acknowleoged before me this ____ day of
, Chairperson (or Vica-
, Florida, City council, who is
as
an oath.
PRINT NAME
Notary Public in and
County and State last afo
My Commission Expires:
Serial No., if any:
the
said.
(SEE PAGE 5 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL 801.04
PAGE 4
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PINE~~~SCOUNTY f~~'
OFF.REC.BK 8271 PG 257
V
I a Garvey
Mayor-commissioner
. FLORIDA
By:
.,
.'
STATE OF FLORIDA
COUNTY OF PINELLAS
la E. Gougf-au, \Cit::{/Clerk
Ji~ (r~); ~_e(t\~ " cC"'t'~ \. .' .
"': :~d~'.~: n.~'c;: ::'?' . . .
'-" .
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 ) ,1993.
p~~If)~)N(2:.~L{~d lSnd
Notary Public
,4?'''~\;!.'" DENISE A. WilSON
i,('A' ,'] MY COMMISSION I CC 201408 EXPIRES
~;~~t.: June 1B. 1995
.t..~:;.f;\'" BONDED THRU TROY FAIN IHSUflANCE, 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 o~ficial seal this L day of (J,f{)/); j) 1993.
f:jp. (J i ) ~ ..-;;\"iy'" DENISE A. WllSOr
^.f) ^ n ) . .~ ' ag. F j f.1'i;;. ''f:] W COMMISSiON I CC 201408 EXPIRES
_u_1 ~ _ _ . 'J.. _ ~ '~.~~ June 18,1996
print/Type ~ame: li.<::'.>. . ; s,nA) ~;i..~f.!/f7 ","OEDTli""",,,,,,,,,,,_CE,IHC
Notary Publlc
Approved
LL
M. A. Galbraith,
city Attorney
correctness:
..<:....
PAGE 5