SUBORDINATION OF UTILITY INTERESTS - PARCEL 806.05
1
I INST # 93-137009
. MAY 13, 1993 10:24AM
,
This instrument prepared by, or
un~n~WrG~~~tio f
Assistant General Counsel
PARCEL
SECTION
S.R. NO.,
COUNTY I
806.05
15070-2524
580
PINELLAS
Department of Trans
11201 N. Malcolm McK
Tampa, Florida 33612
rtation
nley Drive
tc:+u (Vt -ft.
FillliDA ffiPI'. (F TI<ANSFffiTATIrn
JANE HARRIS, R/W SUPERYm
DISIRICT VII, R/W OFFICE, M. S. 7-':JJJ
11201 N. MAI1JXM M:XIN1EY DR.
l TAMPA, FillliDA 33612-&.03
Legal Description Approved:
Date: Februarv 24. 1993 By: Dianne
M. COllins~
UTL.D4
SUBORDINATION OF CITY U'.I:ILITY INTERESTS
the
and
THIS AGREEMENT, entere'd into this ~ay of F' 190, by and between
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, h Lnafter called the Department,
the CITY OF CLEARWATER , hereinafter called ci .
WIT N E SSE T HI
WHEREAS, the City preeently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposee 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 promisee of the
parties h~reto, city and Department agree as follows:
~:7.()O~19GCi~Y subordinates any and all of its interest in the lands as follows, viz:
__ ~hat part of Lot 22, Block "An, Northwood Estates - Tract "en in Section
~ ~9, Township 28 South, Range 16 East, as recorded in Plat Book 75, Pages
:$ 95-66, of the Public Records of Pinellas County, Florida.
=
J
Being Oeacribed as follows:
~ commence at a 5/8" Iron Rod, P.L.S. 11762, marking the Point of Tangency
----On the westerly line of Block "A", Northwood EstateB - Tract "e" as
~AL . recorded in Plat Book 75, Pages 65-66, of the ,Public Records of Pinellas
. ~({ F1 County, Florida, said point also being a point on the Easterly right of
\ 71(~' way line of Landmark Drive; thence North OOQ04'37" 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 45017'55" East 47.35 feet; thence North
8904B'03" East 4l2.26 feet to the Westerly line of said Lot 22 and the
POINT OF BEGINNING; thence continue North B9048'03" East, 74.99 feet to
the Easterly line of said Lot 22; thence South 00'19'19" East along said
Easterly line of Lot 22, a distance of 5.00 feet; thence South 89Q48'03"
West 74.99 feet to said Westerly line of Lot 22; thence North 00019'19"
West along said Westerly line 5.00 feet to the said POINT OF BEGINNING.
~
Less existing ri9hts of way.
containing 375 square feet, more or less.
PARCEL B06.05
IKARLEEN F. DEB LAKER
RECORD VERIFIED BY;'
PAGE 1
CLERK
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This in8trument prepared by, or
Under the direction of
Kenneth G. Wing ~
Assistanl Gener~! COllnsel
Department of Trans ration
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 279
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 baaed on the
following'
NATURE OF
ENCUMBRANCE
PLATTED
DRAINAGE AND
UTILITY
EASEMENT
RECORDED
DATE
FROM
PLAT
BOOK/PAGE
CITY OF CLEARWATER 75/65 & 66
TO
03/26/76
NORTHWOOD ESTATES,
A CO-PARTNERSHIP
PROVIDED that the following rights are reserved to the city'
1. ~.
2.
3.
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 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 constru.ction 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 tpe cost 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
PARCEL 806.05
PAGE 2
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Thia inatrument pr8pared by,
unCl~ii1n!IWG~rfgction~ .
Assislanl General Counsel .
Department of Trans tion
or
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 280
indemnify the Department against any loss or damage resulting from the
City exercising its rights outlined in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the Department hereto has executed thie agreement on the day
and year firet above written.
Signed, sealed and delivered in the
presence of:
DEPARTMENT OF
-:Sh-~, LL\\
WITNESS ~ ~
PRINT NAME '"'-l"'.J. I ',J""",,\'
--P J~fJ + ~^~ Q, 14-
WITNESS
PRINT NAMEj<nRQ..(" i,.. t:" GR.';tI 5/~1 cl-r
of Production for District VII
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF \4 i\ \sbnl?'\( ':Jh
The for~9oing instrument was acknowledged before me this lo4h day of ~y (
1993 ,by \-<.,.,.",,,,r>-\-h Pi. .\-\;-....-+rrv. f'" , DIRECTOR OF PRODUCTION for Dist~ict
VII I who is personally known to me or who has produced
as identification, and who d~did not) take an oath.
er I( m jiff-p / ?1, '-f) ~ ~:k.e,::,;),;l: :
PRINT NAME ~nt"~'W~?:~ <.) s,?
. ,~.;,~:,.' ;: !...,. . .:!,~~~_,._,,:J~.
Notary Public in and' for the '. :.'"
County and state last' afoi;es-aid.. '<
My Commission Expires: 3-i':iq~'\qq4;'>:'....
Serial No., if any: ":".~f.::.."..-:;<:..~,_:;_i
-WITNESS WHEREOF, the said grantor has caused these presents to be executed in
its name . ts Board of City Commissioners acting by the Chairperson or Vice-
Chairperson of s' Board, the day and year aforesaid.
,
ATTEST:
, Florida,
By Its City Council
PRINT NAME
Clerk (or Deputy Clerk)
hairperson
(or VL hairperson)
PRINT NAME
ADDRESS
PARCEL 806.DS
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PAGE 3
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This instrument prepared by,
Under the dire~tL\)n of
Kenneth G. Wino
Assistant Gen~r~" ,,:0', .
Department of T nsportation
or
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 281
FLORIDA
ed
ta
before me this ____ day of
, Chairperson (or Vice-
, Florida, city Council, who is
as
The foregoing in
r 199_, by
Chairperson) of the
personally known to me or who has pr
identification, and who did (did not)
ent was acknowledged
oath.
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 806.05
PAGE 4
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PIAELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 282
,
CITY 0 CLEAR R, FLORIDA
.I,H.".-"
',' .
By:
, . ........,~..~'\\\i.t'f._
1(.\ i'lIght
~''';.-c:I:C>o'''''' c.: '
~n~,e.% .,f./.<....../...
~, "" f' ~', . ~ t
(~ ~~..:.~~-: r<.>~i:' '- .:,,~'.
- '2f~}L'" ';'.,
~-~Oud~~~:~i~~~clerk
~I I:. jt C, 1 . ".",.....~
.~(< ..i~>G~L l ,:c..c>~,c~~~;~>.~-,..
""1 "/'J rei \..., ',' .
..::'~:~~I.\ ~,"\..,: '-~ ~': '.~:,' ....
i a Garvey
Mayor-commissioner
Attest:
STATE OF FLORIDA
COUNTY OF PINELLAS
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 ~..l.~
the
WITNESS my hand and official seal this
g
,1993.
[}h0LI:JUU 44~~). "/,
PnntjType Name: )..'. (iJI/SoD
Notary Public
/;J;;;:-i~*.< DENISE A WILSON
[" "6.\.j MY COMMISSION' CC 201408 EXPIRES
:.~:.~.-.;<~ June 18 1996
"~-:r,fJ,;~7./ BONOfO THRU TROY FAIN INSUI\l.NCE, INC.
"""
STATE OF FLORIDA )
COUNTY OF PINELLAS )
the
WITNESS my hand and official seal this
~
, 1993.
~fY) J'N) 11. ~L 41~t i
rintjType Name: '.A \1" I i ISQtu
Notary public
..'r;;;:-i""" DENISE A. WILSON
t~f"ib "'f:>, MY COMMISSION I CC 201408 EXPIRES
?.:.~.:tJ June 18. 1996
"'Jf,t';;;';:''f.:'-' BONDfDTHRUTRCIYFMNltGl..IIVJ'<<;E,ltf:.
.........'
Approved a
and correctness:
~
M. A. Galbra'
city Attorne
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