SUBORDINATION OF UTILITY INTERESTS - PARCEL 803.04
IINST # 93-137006
MJ\.y 13, 1993 10:24AM
I
This instrument prepared
und~r the direction f
Kenneth G. Wing
Asslstanl General Counsel
Department of Trans
11201 N. Malcolm McK
Tampa, Florida 33612
!
y, or
PARCEL
SECTION
S.R. NO.:
COUNTY I
803.04
15070-2524
580
PINELLAS
fe-i-r.A.rn -to,
Legal Description Approved: ~)
Date: February 24, 1993 By: Disnne M. COllinsf"-
FLORIDA DEPT. OF TRANSPORTATION
JANE HARRIS, R/W SUPERVISOR
DISTRICT VII R/W OFFICE, M.S. 7-900
1120] N. MALCOLM MCKINLEY DR.
TAMI'A, FLORIDA 33612.6403
UTL.D4
SUBORDiNATION OF CITY UTILITY INTERESTS
the
and
THIS AGREEMENT, entered into this fi- day of iJ..nri I ,l9s3, by and between
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, he;~i~after called the Department,
the CITY OF 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 BO 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 followa:
REC~R~??:ity subordinates any and all of its interest in the lands as follows, viz:
T f 0' .
::DllJ hat part of Lot 19, Block "A", Northwood Estates - Tract "c" in Section
- ~~jn 29, Township" 28 South, Range 16 East, as recorded in Plat Book 75, Pages
:3 65-66, of the Public Records of Pinellas County, Flor,ida.
Being 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", Northwopd Estates - Tract Ole" aa
_______recorded in Plat Book 75, Pages" 65-66, of the Public Records"of Pinellas
;~ County, Florida, said point also being a point on the Easterly right of
~_way line of Landmark Driwe; 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
, 17, said Block "A"; thence North 45"17'55" East 47.35 feet; thence North
89048'03" East 187.31 feet to the Westerly line of said Lot 19 and the
POINT OF BEGINNING; thence continue North 89"48'03" East, 74.98 feet to
the Easterly line of said Lot 19; thence South 00019'19" East along said
Easterly line of Lot 19, a distance of 5.00 feet; thence South 89048'03"
West 74.98 feet to said Westerly line of Lot 19; thence North 00019'19"
West along said Westerly line 5.00 feet to the said POINT OF BEGINNING.
Less existing rights of way.
Containing 375 square feet, more or lesB~
PARCEL 803.04
KARLEEN F. DEBLAKER,
. 'RECORD VERIFIED BY:
CLERK
~
PAGE 1
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This instrument prepare
Under the directio of
Kenneth G. Wing
Assistant Genera! C'our:~el
Department of Tran
'''--
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I
by, or
UNTY FLA.
PINELLAS CO PG 264
OFF.REC-BK 8271
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:
NATURE OF
ENCUMBRANCE
PLATTED
DRAINAGE AND
UTILITY
EASEMENT
RECORDED
DATE
FROM
TO
PLAT
BOOK/PAGE
75/65 & 66
03/26/76
CITY OF CLEARWATER
NORTHWOOD ESTATES,
A CO-PARTNERSHIP
PROVIDED that the following rights are reserved to the City:
1. j;'
2.
3.
The city shall have the right to construct, operatel maintain, improve,
add to, upgrade, remove, and relocate facilitleB 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 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 coat of acquiring appropriate easements.
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.
The City agrees to repair any damage to Department facilities and to
indemnify the Department against any 106s or damage resulting from the
PARCEL 803.04
PAGE 2
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This instrument prepared
Under the direction of
. Kenneth G. Wing
A.c:c::,C'I...,.. ... . ~ .. . . .._1
Department of Transp
or
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 265
city exercising its 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
of Production
District VII
6L4TI-1\
WITNESS "5l J -..--
PRINT NAME eve. n . I',.d vJc. \ \
'-{2rR.o0\,t .~ J:\ i\.~U I'f'
WITNESS \
PRINT NAME Roe,Q.~ I=' G'R\\'!\.'Sl6(.\r-
ADDRESS
1120l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF \..\ II Is mIne ~ I,
The for:egoing instrument wa's acknowledged before me this tom day, of f'>"'k:t)" ,
1993 ,by Kpr\f\~ A '+\"',-\-NYi.nr-- ,DIRECTOR OF PRODUCTION for District
YII , who is personally known to me or Whe-h~roaUGed
as identification, and who~d~did not) take an oath.
qa,-" f7-/p...J J1-. l((~,. .
:. ....-.__.,......}. .'
PRINT NAME ~"ew y...J~j~e.i:/:
,,~(,,_: Z-... .:r.-t;-/f."... -,u-. ".\',..,'
Notary Public in and for ..the.:..:..:.Ji~; .~.:'~ ./"f.....
County and State last afores'a:~~td~ :-,,~.~i,.[?.........
My Corrunission Expires: 3'r:c;,~.:.:.~~;.'~. '.
Serial No., if any: ',j'"',- - .~,;i,\.~:.<.
ATTEST:
, Florida,
PRINT NAME
Clerk (or Deputy Clerk)
By It~ City Council
PRINT NAME
ADDRESS
PARCEL 803.04
PAGE 3
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This inetrument prepared by, or
Under the direct~f
Kenneth G. Wing
Asslstanl Gener~1 c
Department '!l1"OZ'PI rtation
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 266
FLORIDA
The foregoing
, 199_, by
Chairperson) of the
personally known to'me or who ha
identification, and who did (did
acknowledged before me this ____ day of
, Chairperson (or Vice-
, Florida, city council, who is
as
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 803.04
PAGll 4
""---
I
. ,
Rlta Garvey
Mayor-commissioner
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 267
ATER, FLORIDA
By:
..,
. [-L"-:
,"" ....,.
. . r1; ~
,. ,.".
Attest:
If,Gtl}ffiau,': itYJ01:e.rk \
"",}~~ >7:i:.' 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 ~ day of (~j-~ ,1993.
flJ r(lLlV 0 ifJ;~ ~
Print/Type J:lame: J "-S ,j. I S(\u
Notary Publlc
STATE OF FLORIDA )
COUNTY, OF PINELLAS )
,iw,:riii<}, DENISE A. WILSON .
f.(Ji."-,.j MY COMMiSSION I CC 201~08 EXPIRES
~~"~.~:': June 18. 1996
"~if.:~~" OONDED THRU TJIOY FAIN INSURmCE, IOC.
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
P~~~~~ ~mQ '1)1 Ji1 A~;t ;,)r1i )
Notary Public
AP~~~~i~d
M. A. Galbraith, J~
city Attorney
correctness:
1- day Of~ j 1 )
, 1993.
.""'"
/;'-r.' r~... DENISE A. WILSON
f:(:&"\;\ MY COMMISSION I cc 201408 EXPIRES
~..-:';~'~l June 18, 1996
'.'~:<ff,:{.,rt.. BCNOED THRIJ TROY f,lJtlIN$URANCE, INC.
PAGE 5