SUBORDINATION OF UTILITY INTERESTS - PARCEL 808.04
.
INST # 93-137011
MAY It, 1993 10:26AM
PINELLAS COUNTY FLA.
OFF.RJC.BK 827l PG 288
This instrument prepared by, or
undl(enmttll GlWil\lltion~
Assistant General Counsel
Department of Trans tat ion
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
SECTION :
S.R. NO.:
COUNTY :
808.04
l5070-2524
5BO
PINELLAS
Legal Description Approved:
Date: Februarv 24. 1993 By: Dianne M.
COllins~
& -/-un'\. .-tv ;
FLORIlJA DEPl'. OF 'IRANSFCID'ATICN
JANE HARRIS, R/W SlJPERVIffiR
DISIRICT VII, R/W OffiCE, M.S. 7....gJJ
11201 N. MAIillM MJ<INlEY DR.
TAMPA, FLORIlJA 33612-6403
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
the
and
THIS AGREEMENT, entered into this f9'day of ~t;; I ,19g.;!, by and between
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, her inafter called the Department,
the CITY OF CLEARWATER , hereinafter called City.
WIT N E SSE T ft:
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 Department; and
WHEREAS, the Department is willing to pay to have the City'e 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.~CO it~ subordinates any and all of its interest in the lands as follows, viz:
.....T .'
_ hat part of Lot 24, Block "A",. Northwood Estates - Tract "C" in Section
~ 29, Township 28 South, Range 16 East, as recorded in Plat Book 75, Pages
,5 65-66, of the Public Records of Pinellas County, Florida.
Being Described as follows:
c
---Conunence at a 5/8" Iron Rod, P.L.S. #1762, marking the Point of Tangency
un the Westerly line of Block "An, Northwood Estates - Tract "C" as
.ecorded in Plat Book 75, pagee 65-66, of the Public Records of Pinellas
County, Florida, said point also being a point on the Easterly right of
','ay 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, eaid Block "A"; thence North 45'17'55" East 47.35 feet; thence North
89'48'03" East 562.23 feet to the Westerly line of said Lot 24 and the
POINT OF BEGINNING; tt.ence continue North 89'48'03" East,' 74.99 feet to
the Easterly line of said Lot 24; thence South 00019'19" East along said
Easterly line of Lot 24, a dista~ce of 5.00 feet; thence South 8904B'03~
West 74.99 feet to said Westerly line of Lot 24; thence North 00'19'19"
Weet along said Westerly line 5.00 feet to the said POINT OF BEGINNING.
~;.L Jj.CO
(3
Less existing rights of way.
Containing 375 square feet, more or less.
PARCEL 80B.04
KARLEEN F, DEBLAKER, CLERK
RECORD VERIFIED BY: ~
PAGE 1
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;/'
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; '<.
(,..2 ~7)
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P~ELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 289
This instrument pre~ared by, or
un~n~.clJ.irrtlftionlk
Assislanl General Counsel
Department of Trans rtation
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
PLAT
BOOK/PAGE
CITY OF CLEARWATER 75/65 & 66
TO
03/26/76
NORT~OOD ESTATES,
A CO-PARTNERSHIP
PROVIDED that the following righte are reeerved 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 Acconunodation 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 ~lteration, adjustment, or relocation, including, but
not limited to the 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 ~o repair any damage to Department facilities and to
indemnify the Department against any lOBS or damage resulting from the
PARCEL BOa.D4
PAGE 2
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This instrument prepared by, or
Under the directio~nf
Kenneth G, Wing
Asslstanl General Counsel
Department of Trans tat ion
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 290
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.
WITNESpt=.- CfD-1,1 )
PRINT NAME \ c.-
. --R-A>-'J\.J.-,~ ~I\~~.'l.rr
WITNESS '
PRINT NAME R()YJ.<>.<:~ t=' G R~(V\<;ie~,\.r
..
STATE OF FLORIDA DEPARTMENT OF
::::7G~~
Director of Production for District VII
signed, eealed and delivered in the
presence of:
ADDRESS 11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF H\\\sbclmugh
-:2 The foregoing inetrument was acknowledged before me this ~ day of ~~ ,
199-'2...., 'by I-<Phr.e-\-h r:\. t-\ar+rn::inn " DIRECTOR OF PRODUCTION for District.
VII I who is personally known to me or ~o-h-a1r'-pEOrl-u,aed "'~~
as ident~UCation, and who '<li<I- (did not) take an oath0nmfflR i J1-.;:#if!itt.!(-'.~,~
PRINT NAME :::)fflne+tC":,W~l?:r:"
. ":l~~~ . ::~~t~.~~I~:'~:.-;':-"~:
Notary Public in and 'for. :tJ;\e'~'''. .>.,' .: '.i
County and State ,last afo-r'esaid'.~p(':"'~:':"':.'''''':'
My Commission Expires: '3-oq...\SiI'l::r.....
Ser ial No. I if any: . ":('<.' ." .
... .--!
ITNESS WHEREOF, the eaid grantor has caused these
its name D ts Board of City Commissioners acting by
Chairperson of s' Board, the day and year aforesaid.
.' .
,. . '.... -,'
presents to be executed'~:L"n ~
the Chairperson or Vice-
ATTEST:
, Florida,
Its City Council
PRINT NAME
Clerk (or Deputy Clerk)
airpe.;-son
Vie airperson)
PRINT NAME
ADDRESS
PARCEL BD8.D4
PAGE 3
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This instrument pre7Jjired by, or
Under the directiV of
Kennsth G, Wing
AssistAnl ~C11"'CI.~1 A ." cr'
Department of Transportation
FLORIDA
The foregoing in
, 199_, by
Chairperson) of the
personally known to me or who has pr
identification, and who did (did not)
;
acknowledged
PRINT NAME
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 291
before me thie ____ day of
, Chairperson (or Vice-
I Florida, City Council, who is
as
n oath.
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 808.04
PAGE 4
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PINELLls COUNTY FLA.
OFF.REC.Bft 8271 PG 292
/
By:
FLORIDA
Rlta Garvey
Mayor-commissione'
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
...41.\ J r"::"
'0-, - ~
h;taf ~'.Gouft.e'a'(V,,; cWy Clerk
'ir\,:~~.'>" ~i",<_~(':"~ ;
"1 ~t Llt "'~......, "'{-"'(.:,~..., ,..... '
:+:": 11('"'(;/' (;~\'~' ,.":
\~~\...\\\ "~' '- " >"":
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.-f,'
BEFORE ME personally appeared Rita Garvey, the Mayor-Commission~t of the
above named city, who acknowledged that she executed the foreg.cHng
instrument. She is personally known to me and did not take an oath.
WITNESS my hand and official seal this ? day of ~'.J.jJ) ,1993.
f;~e;\~jl)0 ()'~~1.' .
pnnt/Type Name: I . ~ . 1 I,(,nu
Notary Public
,1!::;in~.. DENISE A. WILSON
t,i "@."; }.) MV COMMISSION' CC 201406 EXPIRES
-:':'~~i.~~: June 19, 1996
..,,rff,,t-.... BONDED TrfflU TROY fAIN INSUfWo/Cf, INC.
STATE OF FLORIDA )
COUNTY:. OF PINELLAS )
BEFORE ME personally appeared Michael J. Wright, the city Manager of
above named city, who acknowledged that he executed the foregoing
instrument. He is personally known to me and did not take an oath.
P day Ofi2p1 j f)
,~l"~ DENISE A. WILSON
(.f;&'''',:,; MY COMMISSION' CC 201408 EXPIRES
:.o:...~..:;~. JUfle 18, 1995
"J.:r:fr.::f:~"" IlOHDEO TtftI TIlOY fAIN INSURANCE, INC.
the
WITNESS my hand and official seal this
fJert)_i~~ )!1.1~i~~ .
print/Type Name:J' . S' J ". ~lt /S1/...)
Notary Public
, 1993.
A~~s~~nd correctness:
M. A. Galbraith,jJi.
city Attorney ~)
PAGE 5