SUBORDINATION OF UTILITY INTERESTS - PARCEL 805.08
..
I INST # 93-137008
MAY 13, 1993 10:24AM
I
This instrument prepared by,
under the directio of
Kenneth G. Wing
Assislanl General Counsel
Department of Trans
11201 N. Malcolm Mc 'nley
Tampa, Florida 33612
PARCEL
SECTION
S.R. NO.1
COUNTY
805.08
15070-2524
580
PINELLAS
or
I~h<(h. fo',
F1.CillDA DlPI'. OF 'IRANSFffi]'ATIGI
JANE HARRIS, R/W SUPERVI.9JR
DISIRICI'VII, R/I" OFFICE, M.S. 7-Cf.1J
11201 N. MAWXM I"DGNLEY DR.
l TAMPA, F1ffi]])A 3Y>12-6403
Legal Description Approved: ~U/
Date: February 24, 1993 By: Dianne M, COllins~
UTL.D4
SUBORDINATION OF CITY UTILITY INTERESTS
the
and
~-
THIS AGREEMENT, entered into this ~ay of 199:3', by
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, her nafter 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
~1!': ""0.'0, ""y ."' '."0"." "0'. .. '0"""
R~CORDl '
:'T I ," i~~ subordinates any and all. of its interest in the lands as follows, viz:
"
J '
05 That part of Lot 21, Block "1\", Northwoocl Eatatea - Tract "e" in Section
::. _____-...-29, Township 28 South, Range 16 East, as recorded in Plat Book 75, Pages
3 _____.__w...65-66, of the Public Records of pinellas County, Florida.
~
..]eing Described as follows:
:
"':""AL -. Commence at a S/8" Iron Rod, P.L.S. 11762, marking the Point of Tangency
I -1lL ill on the Westerly line of Block "A", Northwood Estates - Tract "e" as
1 ~ --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 Drive; thence North 00"04'37'" East along the Westerly
line of said Block "An and the Easterly right of way line of Landmark
Drive, a di~tance 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
89"48'03" East 337.28 feet to the westerly line of said Lot 21' and the
POINT OF BEGINNING; thence continue North 89048'03" East_ 74498 feet to
the Easterly line of said Lot 21; thence South 00019'19" East along said
Easterly line of Lot 21, a distance of 5.00 feet; thence South 89Q48'03"
West 74.98 feet to said Westerly line of Lot 21; thence North 00019'19"
West along said Westerly line 5.00 feet to the said POINT OF BEGINNING.
'-.,
.-<J
Less existing rights of way.
PARCEL 805.08
KARLE EN F. DEB LAKER , q".,ERK
RECORD VERIFIED BY: ~
PAGE 1
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This instrument prJIi),8pared by,
und~enrWcf~8tio f
ASsIstant Gener?' 80!.n1sel
Department of Trans ation
or
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 274
containing 375 square feet, more or less~
to the interest of the Department, its successors, or &ssigns, 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. 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 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 landa, the Department hereby agrees to "
pay the coat 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 purpoaea 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 805.08
PAGE 2
~.
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This instrument pre:wred by,
Un~.fnnlli\\'<fWillatio of
Assistant General Counsel
Department of Trans rtation
or
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 275
indemnify the Department against any loss or damage resulting from the
city exercising its rights outl~ned in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day
and year first above written.
-~\L-~'-\ \
WITNESS -:=s+. J ---r.- \
PRINTNAME ~V"",..,. l',dwt'::\i
.~ + 1\ r'-'J'fVd\ ~'-t. 'I'
WITNESS
PRINT NAME '8J\3e,,,\- ~ G'R.; l"\SleyJ,
By:
of Production for District VII
Signed, sealed and delivered in the
presence of:
Dir
ADDRESS
1l20l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF \'\ \\ \",'\:>:"'('t"XJ,j h
The foregoing instrument was acknowledged before me this (o4'rt day- of \y\(l~ ,
1991, by \<p"ne4-h A. .1-4'nri-lYY<,..,n ,DIRECTOR OF PRODUCTION for District
VIr I who is personally known to me or--who-h~roduced
as identif ication, and who 'tiN- (did not) take an oath.
'--/Lj/>1-/Ih! ?1-. .:3~~
__ ';;:~~'l'\l''''''''",'
PRINT NAME...l"n"",p~:'h(:-d~S;e.
::/~"-~'.! "..,~.~...-!;t~:-." .,;'
Notary Public in and foi::.J:he" . ., .>,.,
County and state laat~?'~=tor.eBai:'d,:j?' . :. ."
My Commission Expire's'(~'-) qq.q...;:.,,; .
Serial No., if any:>:~" 'c:~-:~; "." _", ...:.:.:~.;...::r.:.'
.,~. . '::".:;....;.:.~'~;".<-
presents to be ex~:cuted 'in~'.<-'"
the Chairperson'''' or. Vrce-~ -.' .
. ,.
~i-. .
ITNESS WHEREOF, the said grantor has caused these
its name b . a Board of City corrunisaioners acting by
. Chairperson. of sa oard, the day and year aforeaaid.
ATTEST:
, Florida,
By Its City Council
PRINT NAME
Clerk (or Deputy Clerk)
Ita erson
(or Vice C eraon)
PRINT NAME
ADDRESS
PARCEL 805.08
PAGE 3
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This instrument pre~WlY'
Unde~e~nM~.~~on
Assislanl General Counsel
Department of Transpo ation
or
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 276
FLORIDA
The foregoing in ment was acknowledged
, 199_, by
Chairperson) of the
personally known to me or who has pr
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 805.08
PAGE 4
",' ...
I
PIJbLLAS COUNTY FLA
OFF.REC.BK 8271 PG 277
By:
TER, FLORIDA
-,...,"\'\\\:.-.
STATE OF FLORIDA
COUNTY OF PINELLAS
1.\ ~/ C ;.' :.:"i\{
. ~1::,,2;;~'W(l!:J,,~rpt",:
~"~nag?t,. '<',:,.".'
" :~j ': t..., .:~:,~lc( ,:;' ...... "y;. / .
;... > ,';.2:~ 9=fr;ft).;?'A... ....: ;;
. - ~ 0;.~~.~. ~~-rll.~ '
:La,]:';; '.~udeau;. G-ity' .:::C-l"erk
}::- '1:"";",".,;;( . 'Qo<:';,'''{'.,.~''.
'It. I '//~'<-:"'':'(..''''vo ~- \.~ ...:c"
I, . a.... ''l'' ( ., ','.'
. ';(l.l\t(i.:.,,~~~~~::~~::~~~~ .
.'
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f'"
a Garvey
Mayor-commissione
BEFORE ME personally appeared Rita Garvey, the Mayor-co~missioner 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 ~ ';,.2 ) ,1993,
AJf))jj~)a. ~~}~~. ..1
PrInt/Type Name: . \', . j i 15;0,u
Notary Public
/iiF,~?%.. DENISE A. WILSON
i./h,\.j MV COMMISSION I CC 201408 EXPIRES
W.~..:,j"2 June 18. 1996
"/(i;Y.,r,..'t-"- 8ONDEDl-HRUTAOYF....IHINSUR,l,UcE.nr.:.
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 ake an oath.
WITNESS my hand and official seal this ~ day of 1993.
f} i
. a L) .~ A"';..";.... DENISE A. WILS
I'll j UP. I .:J... .f\fJJ'() ') . ; f.fji;:t:J MV COMMISSION I CC 201408 EXPIRES
Print/Type Name: Vp~"~;)' fI '/1 Ji (.sOJ...J~~o;{.?? "'tlOED~u~:;,:~:U...;Ci.lNC
Notary Public ..,.."..
and correctness:
M. A. Gal raitt
city Attorney /
PAGE 5