SUBORDINATION OF UTILITY INTERESTS - PARCEL 807.03
.,
INST 1# 93-137010
MAY 13.. 1993 10:26AM
This instrument prepared
under the directio f
Kennelh G. Wing
Assistant General CoU~~~1
Department of Tran .
11201 N. Malcolm M 'inley
Tampa, Florida 33612
PARCEL
SECTION I
S.R. NO.1
COUNTY
or
Legal Description Approved, ~1I1)
Date, Februarv 24, 1993 By: Dianne H. COllinsf~
UTL.04
PINE~AS COUNTY FLA.
OFF.RECf3K 8271 PG 283
807.03
15070-2524
580
PINELLAS
~-ft.c( I'\.. to'.
Fl.ffiIDA DEFT. OF TRANSlWTATICl'I
JANE HARRIS, R/W SlJPERv:rs:R
DISIRIcr VII, R/W OFFICE, M.S. 7~
11201 N. MALCJ:XM MXINIEY DR.
TAMPA, Fl.ffiIDA 33612-fl403
SUBORDINA~ION OF CITY UTILITY INTERES~S
THIS AGREEMENT, entered into this ~ay of
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, he
and the CITY OF CLEARWATER , hereinafter called Cit
W I ~ N E SSE ~ ft:
, 19~ by and between
inafter called the Department,
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 purposee will require
eubordination of the interest claimed in euch 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
parties hereto, city and Department agree as follows:
RECO~P.lNG . , '
~T/l)?~j9 Ci~y subordinates any and all of its interest in the lands ae follows, viz:
. -J))// .1
:_OI'fCO That part of Lot 23, Block "A",
, 29, Township 28 South, Range 16
~5-66, of the Public Records of
Northwood Estates - Tract
East, as recorded in Plat
Pinellas County, FloridaG
"C" in Section
Book 75, Pages
Corcunence at a 5/8" Iron Rod, P~L.S. 11762, 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 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
17, said Block "A"; thence North 45017'55" East 47.35 feet; thence North
B9048'03" East 487.25 feet to the Westerly line of said iot 23 and the
POINT OF BEGINNING; thence continue North 89048'03" East, 74.98 feet to
the Easterly line of said Lot 23; thence South 000l9'19" East along said
Easterly line of Lot 23, a distance of 5.00 feet; thence South 89048'03"
West 74.98 feet to said Westerly line of Lot 23; thence North 000l9'19"
Weet along said Westerly line 5.00 feet to the said POINT OF BEGINNING.
Reing Described as follows:
,
Jlf ('I)
/oJ
~
Lees existing rights of way.
PARCEL 807.03 iKARLEEN F. DEBLAKER, CLERK
'RECORD .VERIFIED BY: ,/J-?/
PAGE 1
..2.
I
PINELIAS COUNTY FLA.
OFF.REC.BK 8271 PG 284
This instrument pr pared by, or
Under theGdil::ectio" f
I';ennefh . Wing \ \
Assistanl General Counsel
Department of Tr&ns
containing 375 square feet, more or less.
to the interest of the Department, its Buccessors,
construction, improving, maintaining and operating a
across 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
FROM
PLAT
BOOK/PAGE
CITY OF CLEARWATER 75/65' 66
DATE
TO
PLATTED
DRAINAGE AND
UTILITY
EASEMENT
03/26/76
NOR'fHWOOD ESTATES,
A CO-PARTNERSHIP
PROVIDED that the following 'righte 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's current minimum
standards for such facilities as required by the State of Florida,
Department of Transportation, Utility AccolMlodation Guide, dated May,
1990~ Any new construction or relocation of facilities within the lands
will be eubject 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 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 facilitiee and to
indemnify the Department against any loss or damage resulting from the
PARCEL 807.03
PAGE 2.
I
PI1ELLAS COUNTY FLA.
OFF.R C.BK 8271 PG 285
This instrument pr~ared by,
Under th"'Gdir.ectio
l\enneln . Wing
Assistaf\t ~~~Pl:'ll~..... '~CIlloI
Department of Trans rtation
or
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 DEPARTMENT OF
TRANSPORTATION
6c-~\\ ..
WITNESS ~
PRINT NAME~"" '" J. . vJc' ,
By.
Dire tor of Production for District VII
WITNESS
PRINT NAME
ADDRESS ll20l N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE'OF FLORIDA
COUNTY OF \..\-, \ \ <; kx'\rr03h
The foregoing instrument wae acknowledged before me this 6, 4\'>1 day of M6'i ,..
199~ ,by >,(....,"'.......-+-h A. -\-\riN (YY"d\('\ ,DIRECTOR OF PRODUCTION for Dietrict:
VII, who is personallY known to me or 'wbo~uced ,q'''}'i~
as identification, and who 1.Qj..d-(did not) take an oath. ,,,,'~:i.:.~'''',_: /1
c..---Lt7-'h./Hp ~ 'u. '-I2&.~A1f;::"ir ..'
P:;:T NAME:=h-nne~~~~;;<o.~
:r-.r;/r/. "-/f~~S.>'" .....'.. :,/> t'
Notary Public in ~nqi.~f'ci:f--:"t;he~~d "/"~~~:" .'-'
county and state last~),aferes'a:-id>/'. ..,~; ,:>
My Commission Expiretsf 3?~-lqq+"I'{~:';
Serial No., if any: ,...:'0'-.. . ,'-':'l:~~~'~'.i!.:::.;;;;.~...:
:;?:,":" ":t""f.,,~~~,;}::):;,
presents to be1"execut"'ed:"ln
the Chairper'son orVNice- 0"
i
WITNESS WHEREOF, the said grantor has caused these
its name its Board of City commissioners acting by
Chairperson 0 id Board, the day and year aforesaid.
, Florida,
ATTEST:
PRINT NAME
Clerk (or Deputy Clerk)
By Its city Council
By:
Its Chairperson
(or Vice-Chairperson)
ADDRESS
PARCEL 607.03
PAGE 3
I
PINEJLAS COUNTY FLA.
OFF.REC.BK 8271 PG 286
This instrument prepared by, or
Under the directiO~Kf. J
Kenneth G. Wing W
"'l1A~lN't~SHtrabyoifl.~~s rtation
FLORIDA
The foregoing
, 199_, by
Chairperson) of the
personally known to me or who has duced
identification, and who did (did not)
ument was acknowledged
before me this ____ day of
, chairperson (or Vice-
, Florida, city Council, who is
as
an 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 807.03
PAGE 4
I
PINELL~ COUNTY FLA.
OFF.REC.B~8271 PG 287
By:
FLORIDA
l a Garvey
Mayor-commissioner
Clerk
',..
;'
,.
,tl<'
STATE OF FLORIDA
cOUNTY OF PINELLAS
. . .
. . " ',,- - .,~ <.,;' .
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.1 ) ,1993,
&Q/~~~ ~a~:~~ol\I~~J)I'!)'O~
Notary Public
/;Fi.':"~:;;.< DEWSE A. WILSON
l~.'ll,".~i MY COMMISSION' CC 201408 EXPIRES
..;...~'.... Juoe1S,1996
'(,:~:,.f;,.,. BONDED THRU TROV FAIN INSUAANCE,IHC.
STATE ,OF FLORIDA )
COUNTl 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.
",TN"'."Y h.nd .nd officiol .ea1 thi. _L d.y of~ ~ j j ) . '~".
(\ An 1 A1 (] If J ~ a9 .~~ ) . //;;","i:;;:;.< DENISE A, WILSON
~ J J ( ..vi). .. I L J . 'I t....!.-L.. I ,', "4' ;., MY COMMISSION' CC 201408 EXPIRES
PrInt/Type Name: .JR L -'-- ~_' I J. ~'OA.J '.~;@.4 Jun. 18, 1996
Notary Public ''''',1f.,r;.<; SONCEDTHRUTROYf'\ltlIKSURANCE,It.C.
and correctness:
M; A. Gal rai~h,)Jr.
c~ty Attorney ~
PAGE 5