SUBORDINATION OF UTILITY INTERESTS - PARCEL 809.03
.
INST # 93-137012
MAY Ii' 1993 10:26AM
PINELLAS COUNTY FLA.
OFF.REf.BK 8271 PG 293
Thie instrument prepared by, or
under the directi
Kenneth G. Wing
Assistant General Cou~sel
Department of Tran
11201 N. Malcolm M inley
Tampa, Florida 33612
PARCEL '809.03
SECTION 15070-2524
S. R. NO.: 580
COUNT!!' 'PINELLAS
Legal Description Approved:
Date, Februarv 24. 1993 By, Dianne M.
COllins~
~fu. r 1'1... -fv ~
FI.aiJn.\ DEPT. OF 'IRANsFmrATIQ\f
JANE HARRIs, R/W stmVIail
DlSIRIcr \Ill, R/W mICE, M.S. 7-'XXJ
11201 N. MAI..cm1 M:XINu;y ffiIVE
; TAMPA, FI.aiJn.\ 33612--6403
llTL.04
SlIBORDIHA1'IOH OF CIn tr.rILIn IHTERES1'S
THIS AGREEMENT, entered into thie ~ day of ~ri / ,19~, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department,
and the CITY OF CLEARWATER, hereinafter called City. .
W I l' H E SSE T S:
WHEREAS, the City presently has an interest in certain lands that have been
ietermined neceesary for highway purpoeee; and
WHEREAS, the prOPOsed uee of theee lands for highway purpoees will require
ubordination of the intereet claimed in SUch lands by City to the Department; and
WHEREAs, the Department is willing to pay to have the City's facilities relocated
= neceesaryto prevent Conflict between the facilities eo that the.benefits of each
'y be retained.
NOW, THEREFORE, in consideration of the mutual covenants and promisee of the
rties hereto, City and Department agree as follows:
f3~ity eub~rdinates any and all of ite interest in the lands as fOllowe, viz:
. hat part. of Lot 25, Block "A", Northwood Estates _ Tract "C" in Section
iUC:,. ......,p" '0"'". "0" " "". .. ",oor", '" "., .... ". "9"
12-65-66, of the PUblic Records of Pinellas County, Florida.
---Being Described ae 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 "Co 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
"'J.ine of said Black "An 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
89048'03" East 637.22 feet to the Weeterly line of said Lot 25 and the
POINT OF BEGINNING; thence Continue North 89048'03" East, 35.39 feet to
the Point of Curvature of a Curve concave Northerly having a radius of
824.95 feet, a central angle of 02045' 02", a chord bearing of North
SS025'32" East and a chord distance of 39.60 feet; thence Easterly along
said curve 39.60 feet to the Easterly line of said Lot 25; thence South
00019'19" East along said Easterly line of Lot 25, a distance of 5.00 feet
to a Point On a curve concave Northerly having a radius of 829.95 feet, a
central angle of 02044'05", a chord bearing of South 88026'00" West and a
chord distance of 39.61 feet; thence Westerly along said curve 39.61 feet
?ARCEL 809.03 : KARLEEN F. DEB LAKER , CLERK
iRECORD VERIFIED BY: ~
PAGE 1
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'. '-..(..-
i/~iD;'
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This instrument prepAred
Under th", direction
l\ennetn G. Wing
Assistanl General Counsel
Department of Trane
I
, or
PINELLAS COUNTY FLA.
OFF.RE~.BK 8271 PG 294
to the Point of TAngency; thence South 89048'03" West 35.38 feet to the
westerly line of said Lot 25; thence North 00019'19" West along said
Westerly line 5.00 feet to the SAid POINT OF BEGINNING.
Lese existing rights of way.
Containing 375 square feet, mare or lSSSa
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'
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
PLATTED
DRAINAGE AND
UTILITY
EASEMENT
03/26/76
NORTHWOOD ESTATES,
A CO-PARTNERSHIP
PLAT
BOOK/PAGE
CITY OF CLEARWATER 75/65 & 66
.
PROVIDED that the following rights are reeerved 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 o.f Florida,
Department of Transportation, utility Acconunodation Guide, dated May,
1990. Any new construction o~ 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 with~n 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 appro~riate easements.
2. The City shall have a reasonable right to enter upo~ 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 repai.t;" any damage to Department facilities and to
PARCEL 809.03
PAGE 2
."
Tais instrument prepared
Under the direction
Kenne!h G. Wing
Assislanl General Counsel
Department of Trans
I
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 295
or
indemnify the Department against any loss or damage resulting from the
City exercising its rights outlined in Paragraphs 1 and 2 above.
. IN WITNESS W'HEREOF, the Department hereto has executed this agreement On the day
and year first above written.
Signed, sealed and delivered in the
presence of;
WITNESS
PRINT NAME-RnRe.\&
~\e~ J r-
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION /
BY~~~
Dire or of Production for Distri:
~~/l
WITNESS ~ ) ( =rId I
PRINT 'NAME ......Jrc:..VO;::""l...... . wc....f
ADDRESS
11201 N. MALCOM MCKINLEY Dr.
VII
STATE OF FLORIDA
COUNTY OF ll:llk6"lmIJgh
TAMPA
FL
33612
~ The foregoing instrument was acknowledged before me this ~~hlday
199~, by l.(...."''''PLh.A. +-lc::.r-l-rvv>",", . ,DIRECTOR OF PRODUCTION
~, who ie personally known to llIe ~uced
is identification, and who ~did not) take an oath.
q "'/17 H.h / 71- y-?,o../.fA ~ ~-.t{'i;:",
PRINT NAME ~n~,~~~~J?;;/~
t~. .. ,c:_;:~i.'..'_;';;"""", _:~
Notary Public in and. for..the . ,_
County and State laet';:aforeBaid/~'
My Conunission Expi~'e,;: 3:f:X';-rqq~.
Serial No., if any:' .'_. '-:'< ,>" ., ~,
"".' , - -,' ';:'. ....,'.: . ~. '" ....' -
of iYhy ,
for District
,.
'EST:
ITNEss W'HEREOF, the said grantor has caused these presents to be executed in
ts Board of City. Commissioners acting by the Chairperson ,"or' Vice-
of s' Board, the day and year aforesaid.
By Its City COuncil
, Florida,
NT NAME
Clerk (or Deputy Clerk)
PRINT NAME
ADDRESS
PARCEL 809.03
PAGE 3
~
This instrument pre
Under the directi
Kenneth G. Win\!
.. I"" ". ." ",o";nl
Asa~p;rtment of Tun
I
PINELL~ COUNTY FLA.
OFF.REC.BK 8271 PG 296
The forego in
, 199_, by
Chairperson) of the
personally known to me or who
identification, and who did (did
,.
was acknowledged
before me this ____ day of
, Chairperson {or Vice-
, Florida, City Council, who is
as
an oath.
PRINT NAME
Notary Public in
County and state last aforesai
My Commission Expires:
Serial No., if any:
(SEE PAGE 5 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL 809,03
PAGE 4
'..
.
I
PINEL LAS COUNTY FLA.
' OFF.'REC.BK 8271 PG 297
, FLORIDA
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
BBFOBB MB por,onally apPoarod Bita Garvoy, tho Mayor-eo.....i""or 0' tho
ahovo namod oity, vho aoknovlodgad that 'ho oxoootod tha'orogoing
in.tromant. Sho i. Por.onally knovn to ma and did not tako an oath.
OITNESS my hand and o'fioial .aal thi. ~ day 0' ~,c(') ,I",.
1""
STATE OF FLORIDA )
COUNTY OF PINELLAs )
,.
"'~;'::""
/..;&,....~~" DENISE A, WILSON
i:i i'j MY COMMISSION I cc 201400 EXPIRES
i.l~.....~\~:.' June 18, 1996
"'~~,r.\," BONDED THFtu TRoY fAIN INSURANCE, If<<;.
'BFOBE "E POr.onally aPpoarod "iohaOl J. Oright, tho City "anagor 0'
,hovo namod City, vho aoknowlodgOd that ha axoootod tha 'orogoing
In.trooont. "0 i. por,onally knovn to ooOand did no~t1ake .a~1 oath.
"TNBSS oy hand and o'Cioial 'oal thi. ^ day M ' L r ,
.<;;.tr.'.... DEN!SE A. W1L ; N
/.f'tb,,1:\ MY COMMISSION ICe 201<08 EXPIRES
,u ~:.~.i;J June 18, 1996
~~~'0"I;:'if...,. BONDEO nfRu TROY fAIN IliSUIV.HCE, me.
} .......... ,
the
1993.
'prOved as
~'
A. Gal raith, yrr
ty Attorney c.J
PAGE 5