SUBORDINATION OF UTILITY INTERESTS - PARCEL 804.02
,
I~ST # 93-137007
MA"'13, 1993 10:24AM
I
This instrument prepared by, or
undef(eriTMh ~Wlfiaion ~
Assistant General Counsel
Department of Transp rtati~n
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 804.02
SECTION 15070-2524
S.R. NO.: 580
COUNTY : PINELLAS
Legal Description Approved:
Date: Februarv 24. 1993 By: Dianne
M. COl1inS~
Keivf/'C...-/-6 ~
Fl.CRIDA DEPI'. OF 'IRANSFCRTATIaI
JANE HARRIS, R/W SUPERVISCR
DISIRICT VII R/W OFFICE, M.S. 7-wJ
11201 N. ~1AlillIM M:J<INLEY DR
TAMPA, Fl.CRIDA 33612--6403 .
UTL.D4
SUBORDINATION OF CITY UTILITY INTERESTS
the
and
THIS AGREEMENT, entered into this !~ay Of~' 199.1, by
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, he inafter called the
the CITY OF CLEARWATER , hereinafter called Ci .
and between
Department,
WIT N E SSE T H:
WHEREAS, the City presently haa 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 Depar~ment; 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:
R~~lG 'r '
110 ci~y eUbord~n.ateB any and all of its interest in the lands as follows, viz:
- hat part of Lot 20, Block "Ar., Northwood Estates - Tract "e" in Section
~ ' --29, Township 28 South, Range 16 East, as recorded in Plat Book 75, Pages
- -------65~66, of the Public Records of Pinellas County, Florida.
----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", Northwood Estates - Tract "c" as
recorded in Plat Book 75, Pages 65-66, of the Public Records of Pinellas
County, "Florida, said point aleo being a point on the Easterly right of
way line of Landmark Drive; thence North 00004' 37 Or East along the Westerly
line of said Block "A" and the Easterly right 6f 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 45017'55" East 47.35 feet; thence North
89Q48'03" East 262.29 feet to the Westerly line of said Lot 20 and the
POINT OF BEGINNING; thence continue North 89Q48'03" East, 74.99 feet to
the Easterly line of said Lot 20; thence South 00"19'19" East along said
Easterly line of Lot 20, a distance of 5.00 feet; thence South 89Q48'03"
West 74.99 feet to said Westerly line of Lot 20; thence North 00"l9'19"
West along said Westerly line 5.00 feet to the said POINT OF BEGINNING.
'.,- aV/17
/S
Less existing rights of way.
Containing 375 square feet, more or less.
PARCEL B04.02
'KARLEEN F. DEBLAKER, ~E~K
'RECORD VERIFIED BY: ~.
PAGE 1
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This instrument prepared by, or
Und~~ th~ direction~
I\enneln G. Wing
Assistanl Genera! CiJ' !f'~~~
Department of Trans at ion
.
PINELLAS C
OFF.REC BK OUNTY FLA
. 8271 PG 269
to the interest of the Department, its succeSBors,
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.,
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' 8 current minimum
standards for such facilities as required by the state of Florida,
Department of Trans,portation, 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 cost of acquiring appropriate ea.sements.
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 804.02
PAGE 2
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This instrument prepared y, pr
Under the directio
Kenneth G. Wing
A<<islanl Genersl Counsel
'uepartment or Trans
PINELLAS COUNTY FL~70
OFF.REC.BK 8271 PG
indemnify the Dep~rtment against any 10SB 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:
STATE OF FLORIDA
TRANSPORTATION
WITN~~I ~ \
PRINT NAME -----,+",vGn -..J. I idwG- \
~~~~~~=~~~
~~i~~S~AME) ~ ." ~i,\r
By:
of Production for District VII
Direc
ADDRESS
l120l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF jJ Ills t-nrr< :J h
The foregoing instrument was acknowledged before me this b+h1day
1993 , by I<Pnnc:+h A. -I-lartry\u"" ,DIRECTOR OF PRODUCTION
VII , who is personally known to me ~~aeGd
as identification, and who~(did not) take an oath.
01'6 m.foH;.,
PRINT NAME
of Mo..'1 ,
for Dis'trict
~ '" .; ~
Notary Public in and for the".; ;'~.i.'-.
County and State last aforgsald.
My Commission Expires: 3-'cJ1~. }qq4"
,.' I
Serial No., if any: . . ....,..
?/... <f)IU~.AO~' / ..,
-::Ynne+\-e:~ w.:--K;(~s-e,t
,.
ITNESS WHEREOF, the said grantor has caused these presents to be executed in
its name . ts Board of City Commissioners acting by the Chairperson or Vice-
Chairperson of B' Board, the day and year aforesaid.
ATTEST:
, Florida,
By Its City Council
PRINT NAME
Clerk (or Deputy Clerk)
Chairperson
(or -Chairperson)
PRINT NAME
ADDRESS
PARCEL 804.02
PAGE 3
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This instrument prepared by, or
Under the directiO~f
Kennelh G. Wing
Assislant G~npq~.1 --..... 'r".c:~'
Department of Tran rtation
s
FLORIDA
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 271
The foregoing i acknowledged
, 199_, by
Chairperson) of the
personally known to me or who has
identification, and who did (did not)
before me this ____ day of
, Chairperson (or Vica-
, Florida, 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 804.02
PAGE 4
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EINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 272
)
FLORIDA
By:
Rlta Garvey
Mayor-commission
',,'
Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
_ .' .'~l.
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of
above named city, who acknowledged that she executed"the foregoing
instrument. She is personally known to me and did not take an oath.
day of O~/l)
the
WITNESS my hand and official seal this
g
,1993.
~rf))N)() ~~1l1 .
rint/Type Name: ?)'. I I/.<::;OJ
Notary Public
,,"fin>;;;: DENISE A. WILSON
g"b," A MY COMMISSION N CC 201408 EXPIRES
?"'~:"-': June 18 1996
,,;jl,~ O~. r:.v:~l arnmeo 1ltAl1 TROY F~It'llNSUIlAHC(.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 official seal this + day of /] n'lI ; f) ,1993.
Ed: . . a ) . ,$1-""~~,> OENISE~
~ f'f) j .rv>)' ~M *~.~) ~./tb. "'};\ MY COMMISSION I CC 201408 EXPIRES
___1 'f:::J{ _~' ~ _' , . ~.~.~.: June 18. 1996
Print/Type Name: p,,' ,0 { ;...!/ (5()0 '<f.~'r.:&'t-., 8ONOEOTHRUTROVFAlNlNSU,^",E,INC
Notary Public .
Approved as
and correctness:
~.
M. A. Galbralth,
city Attorney
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