SUBORDINATION OF UTILITY INTERESTS - PARCEL 802.02
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I INST # 93-137005
MAY 13, 1993 10:24AM
I
'This'instrument prepared by, or
und<lterlrlrtlh G~~ion~
Assistant General Counsel
Department of Trans tat ion
11201 N. Malcolm McK nley Drive
Tampa, Florida 33612
PARCEL I 802.02
SECTION I l507D-2524
S .R, NO. I 580
COUNTY PINELLAS
1G:-tzA-v niD . .
Legal Description Approved: ~
Date: Februarv 24, 1993 By: Dianne M. col1ine~'"
FLORIDA DEI'T. OF TRANSI'ORTA TION
JANE HARRIS, R/W SUl'ERYlSOR
DISTRICT VII R/W OFFICE, M,S. 7.900
11201 N. MALCOLM MCKINLEY DR.
TAM1'A, FLORIDA 33612.6403
UTL.D4
SUBORDINATION OF CITY UTILITY INTERESTS
the
and
THIS AGREEMENT, entered into this ~ day of h70ri( ,l9~, by
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herernafter called the
the CITY OF CLEARWATER , hereinafter called city.
and between
Department,
WIT N E SSE T H:
WHEREAS, the city presently haB 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 ~ity to the Department; and
WHEREAS I the Department is willing to pay to have the City' B 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:
RECORD1NQi city subordinates any and all of its interest in the lands as follows, viz:
., /D?i7,'j Th~t put ~t I.Qt HI, IllQQK "A", N9rthw99g J!jgtatlll - TIM,t "c:." in ellllUgn
-~~4.~29, Towneh~p 28 South, Range 16 East, as recorded in Plat Book 75, Pages
65-66, of the Public Records of Pinellas county, Florida~
3
Being Described as follows:
_commence at a 5/8" Iron Rod, P.L.S. Il762, marking the Point of Tangency
on the Westerly line of Block "An, Northwood Estates - Tract "e" as
recorded in Plat Book 75, Pages 65-66, of the ~ublic Records of Pinellas
County, Fl~rida, said point also being a point on the Easterly right of
way line of Landmark Drive; thence 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 512.59 feet to a point on the Westerly line of Lot
l7, said Block "A"; thence North 45'17'55" East 47.35 feet; thence North
89'48'03" East 104.10 feet to the Easterly line of said Lot 17, the
Westerly line of said Lot 18 and the POINT OF BEGINNING; thence continue
North 89048'03" East, 83.21 feet to the Easterly line of said Lot 18;
thence South 001119'19" East along said Easterly line of Lot 18, a distance
of 5.00 feet; thence South 89048'03" West 82.68 feet to the West line of
said Lot 18i thence North 061124'45" West along said West line 5.03 feet to
the said POINT OF BEGINNING.
",! '
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"Less existing rights of way.
PARCEL B02.02
:KARLEEN F. DEBLAKER,
RECORD VERIFIED BY:
CLERK
~
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This instrument prepared by,
un~rle\If~Wi"l1tion~f
Asslsl~!"lt GOI"r,';:".l ...."'lJr'lsel
Depa~tment of Trans ation
or
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 259
containing 415 square feet, more or less.
to the interest of the Department, its successors,
construction, improving, maintaining and operating a
acrOBS the lands, including but not limited to the
following:
or assigns, for the purpose of
road over, through, upon and/or
claim of interest based on the
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 a >' 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
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 qescribed
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 B02.02
PAGE 2
~'
I
,
I UNTY FLA.
. PINELLAS C~l pG 260
OFF.REC.BK 82
ThiB inatrument prepared by,
Under the directiO~
Kennelh G. Wing
Assistant General Counsel
Department of Trane ation
or
indemnify the Department against any loss or damage resulting from the
City exercising ite rights outlined in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the Department hereto has executed thie agreement on the day
and year first above written.
Signed, sealed. and delivered in. the
presence of:
DEPARTMENT OF
5LC\.I'J \1
WITNESS ~I J --r:- \
PRINT NAME ..J+-..:.v-=..--. . I; d"",..:.\
WITNE~~>f"* ~ k\"~~.Q.,, tf\'\
PRINT NAME ROMQ.{'\- F GR; i'f\'Sley-.\r
of Production for District VIr
ADDRESS
l120l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF t+l\\..shrrfll:gh
The foregoing- instrument was acknowledged before me this LO~rJday
199~, by 'l<t:"C\"",~ A. +-t~r\-rY'Ci n" ,DIRECTOR OF PRODUCTION
VII , who is personally known to me o~ho-ha~~~dueed
as identification, and who '.a:id (did not) take an oath. ..
:"J: w ,
q/l-17..lt:&/ Jh V{i3..UJo/:'. .....
PRINT NAME ~t7r"...-J;;,Vd':~;I<e/,i,,};~t.
. ':',-~.:,~":""';',: ';:".. ",'~'~}\',~'-(
Notary Public in and for: the.....:. ..".:;,:........ ~.:::,.:.:;:..\':.
County and state last aibr~i"~i'd.:). :<:<.~:::,,-::
My Commission Expires: S'-(':R-,oj.qq 4:;: 'c'::' "
S 'l N 'f '..,....., "
er1.a o. I 1. any: . -.'''' .
'-,1
of r---12t1 '
for; District
IN NESS WHEREOF, the said grantor has caused these presents to be executed in
its name by . s Board of city Commissioners acting by the Chairperson or Vice-
Chairperson of sa Board, the day and. year afqresaid.
, Florida,
ATTEST:
By Its city Council
PRINT NAME
Clerk (or Deputy Clerk)
Chairperson
Vice-Chairperson)
PRINT
ADDRESS
........
PARCEL 802.02
PAGE 3
.
This instrument prepared by,
undfenn9lH>3!'lMil!ftiOYid
Asslslanl Gene.,,' ':o""sel .
Department of Trans rtation
s
FLORIDA
The foregoing
, 199_, by
Chairperson) of the
personally known to me or who h
identification, and who did (did
I
or
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 261
acknowledged before me this ____ day of
, Chairperson (or Vice-
r Florida, city Council, who is
as
an oath.
PRINT NAME
Notary Public in
County and State last aforesaid.
_My Commission Expires:
Serial No., if any:
(SEE PAGE 5 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL 802.02
PAGE 4
"
I
P INELJAS
OFF.REC.BK 8COUNTY FLA
271 PG 262
-
By:
CLEARWA
FLORIDA
" ...\,.'1.'"
.' .
Attest:
ael..J" l>lrlght
/ . .
MaJl$4eH.~<?~~<:.: '
':' '..!>:......' "'-"'. ,~ ' ..'
.. :'(+ .f:.~~J)~U; .
"I.
l a Garvey
Mayor-commissioner
..,i
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
""...
E..~,Go\i..dea:\,i-~,:):;l ty J.::l:erk
;"If<?~.".~,';.,,~.,<\<<'~ " .
'I . ,f" f \', -
,., J, r".'} Ii ~.". ~
1'1 \: -.. ""'. . ~_.... .......:
\<...\" \, ',I.,'" ~ .
"
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 2 day of ~; J j ,1993.
Ani;f\J)O.~t-
Print/Type Name: '. 1 !-Y);]
Notary Public
.,.,~;:,!~ 'DENISE A, WILSON
~f<'4") MY COMMiSSIOn I CC 201408 EXPIRES
:.d.J~~:!/Q'"J' June '8, 1996
..ift",j;-r..-:t:.,.... BOtlOEO mw TROY FAIN INSUPJ..NCE.INC.
,'.........
STAT~ OF FLORIDA )
COUN~Y 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 known to me and did not take an oath.
WITNESS my hand and official seal this ~ day Of~; ~)
the
, 1993.
&miCJ)() ~)t~')~1"
print/Type Name: I Y. ,.0 , ), I..S(J~
Notary Public
lii!.':'!~~, DENISE A. WILSON
!'~: ';"i MY COMMISSion I CC 201408 EXPIRES
;r~. ,,:~..; June 18. 1996
f" (..' f' OOtlOED THRU TROY fAIN IHSURAHCE, It<<::.
Approved a~ and
,~hL '.
M. A. Galbraitfl., 'Jr.
city Attorney.,,---
correctness:
PAGE 5