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SUBORDINATION OF UTILITY INTERESTS - PARCEL 810.03 , ..( INST # 93-137013 I MAY 13, 1993 10:26AM PINELLAS COUNTY FLA. OFf,REC.BK 8271 PG 298 This instrument prepared und~r the direction f Kenneth G. Wing , Assistant General Counsel Department of Trans 11201 N. Malcolm Mc Tampa, Florida 33612 or PARCEL SECTION S.R. NO.' COUNTY B10.03 15070-2524 5BO PINELLAS rtation nlay Drive Kefurl'\ -h', Legal Description Approved: Date. Februarv 24, 1993 By: Dianne M. COllins~ FLORIDA DEPT. OF TRANSPORT A nON JANE HARRIS, R1W SUPERVISOR DISfRICT VH R1W OFFICE, M.S. 7.900 11201 N. MALCOLM MCKINLEY DR. TAMPA, ~"LORIDA 33612-6403 UTL.04 SUBORDINATION OF CITY UTILITY INTERESTS the and THIS AGREEMENT, entered into this ~ day of lh1yi I ,19~, by and between STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, h~r1i~after called the Department, the CITY OF CLEARWATER , hereinafter called city. WIT N E SSE T ft: 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 parties hereto, City and Department agree as follows: R/BD~r~ ,. , . ~T . i:! subordinates any and all of its interest in the lands as follows, v~z: -:- ~ ru ~hat part of Lot 26, Block "A", Northwood Estates - Tract "CO in Section 9, Township 28 South, Range 16 East, a8 recorded in Plat Book 75, Pages 3 65-66, of the Public Records of Pinellas County, Florida. Reing Described as 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 "C" as ~L ~I(C() recorded in Plat Book 75, P~ges 65-66, of the Public Records of Pinellas ~~. County, Florida, said point also "being a point on the Easterly right of V A way line of Landmark Drive; thence North 00'04'37" East along the Westerly . '7 line of said Block "A" and the Easterly right of way line of Landmark IL Drive, a distance of 512.59 feet to a point on the Westerly line of Lot 17, said Block "An; thence North 45017'55" East 47.35 feet; thence North 89048'03" East 672.61 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 88025'32" East and a chord distance of 39.60 feet; ~hence Easterly along said curve 39.60 feet to the Westerly line of said Lot 26 and the POINT OF BEGINNING; thence continue along said curve having a radius of 824.95 feet, a central angle of 03005'36", a chord bearing of North 85030' 13"" East and a chord distance of 44.54 feet; thence Easterly along said curve 44.54 feet to the Northerly line of said Lot 26 and the Southerly right of way line of State Road 5BO; thence North 89'40'41" East along said North line of Lot 26 and the Southerly right of way line of ~. ' PARCEL 810.03 :KARLEEN f .DEBLAKER, CLEI5K 'RECORD VE:.llcIFIED BY: 4c./ PAGE 1 ~: ,. ,./ ~ ""':J ",-'" ! (:;. " Department of Trans I PIN~ILLAS COUNTY FLA. OFF.HE .BK 8271 PG 299 '. Thi~nstrument prepared %~I!; ~ liiWilllJio f anTGlmeral Counsel or state Road 580 a distance of 25.28 feet to a point on a curve concave Northerly havin~ a radius of 527.46, a central angle of 00034'34", a chord bearing of North 89013'41" East and a chord distance of 5.30 feet; thence Easterly along said curve, Northerly line of Lot 26 and Southerly right of way of state Road 580 an arc length of 5.30 feet to the Easterly line of said Lot 26; thence South 00019'19" East along said Easterly line of Lot 26, a distance of 5.00 feet to a point on a curve concave Northerly having a radius of 532.46 feet, a chord bearing of south 89013'56" West and a chord distance of 5.30 feet; thence Westerly along said curve 5.30 feet; thence South 89040'41" West 25.03 feet to a point on a curve concave Northerly having a radius of 829495 feet, a central angle of 03005'31", a' chord bearing of South 85031'12" West and- a chord distance of 44.78 feet; thence Westerly along said curve 44.79 feet to the Westerly line of said Lot 26; thence North 00019'19" West along said Westerly line 5.01 feet to the said POINT OF BEGINNING. Less existing rights of way. Containing 376 square feet, more or lesB. to the interest of the Department, its successors, 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 . PLAT BOOK/PAGE 75/65 & 66 NATURE OF ENCUMBRANCE DATE FROM TO 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. 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 AccoIM\odation 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 loc'ated within said lands, the Department hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but PARCEL 810.03 PAGE 2 '. I PINELlls COUNTY FLA. OFF.REC.BK 8271 PG 300 Department of Trans "This instrument prepared undhOOlllfllill'ltl'ln!Fio f Assistant General Counsel not limited to the cost of acquiring appropriate easements. 2. The city shal'l have a rea.sonable 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 facilities and to indemnify the Department against any lOBS or damage resulting from the 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. STATE OF FLORIDA DEPARTMENT OF :~SPORTATION ~ _ "':!!!:~':'. '"< ","'d<' VII Signed, sealed and. delivered in the presence of: ADDRESS 11201 N. MALCOM McKINLEY Dr. .j, TAMPA FL 33612 STATE OF'FLORIDA COUNTY OF t\i\\,-,6cJn<ll'3h 3 The foregoing instrument was acknowledged before me this G~~ day 199_, by l,.(p,",,,,,""I-r- A -I-IA(+rY\",," ,DIRECTOR OF PRODUCTION VII , who is personally known to me or'Who~~~du~a--- as identification, and who ai-d--(-did not) take an oatho of MOt ' for Dis riot ::) 7.1'" .. '.. '/(;" ;,-hb:.'v. 'Ii ,u.La..? ,~ " ' PRINT NAME ~rinpt-\-F \..J:"K';jL'~:' .~:.:. . Notary Public in and for the' County and State last aforesaid. My Commission 'Expires: 3-(lQ-)QQ,4-,' Serial No.., if any: ,-,-- -,' ".~.'<-'., :" " PARCEL 810.03 PAGE 3 This in.trullIent pre un~netl\'I3.c:!,.\I~ti Assistant General Counsel Department of Tran I I PINELLAS COUNTY FLA. OFF.REC.BK 8271 PG 301 I WITNESS WHEREOF, the said grantor has caused these its name y its Board of city conunissioners acting by Chairperso of said Board, the day and year aforesaid. presents to be executed in the Chairperson or Vice- STATE OF FLORIDA I Florida, ATTEST. By Its city Council PRINT NAME Clerk By: Its Chairperson (or Vice-Chairperson) PRINT NAME ADDRESS COUNTY OF The foregoing instrument was acknowledged , 199_, by Chairperson) of the personally known to me or who has produced identification, and who did (did not) take an oath. ,. this ~ day of , Chairperson (or vice- ida, City Council, who is as PRINT NAME Notary Public in and for the County and state last aforesaid. My Commission Expires: Serial N041 if any: (SEE PAGE 5 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES) PARCEL 810.03 PAGE 4 '.... . -" ~, I Rita Ga vey Mayor-Commissione STATE OF FLORIDA COUNTY OF PINELLAS ) ) PINELLAJ COUNTY FLA. OFF.REC;BK 8271 PG 302 ATER, FLORIDA By: ,~ ~ ic ae:l:,.J~ .WrJght . (. '", . ~ ty Manager",o ;~:.[ !:'::J.:'j" "~;',' . ~~.!.4, dJ.~ ~'~ ..E.;". Gotldeau, ,,~lty Clerk '., :',:J/ \.~.' ~: ~. ....L~j, ~,..,~,c(..'~-~'\"~: :. '-: . ......; /" C\ v"....,:. '\t .:\~~~'-,.. :, ~',:.; ~,,-" 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 riot take an oath. WITNESS my hand and official seal this L day of ~~1./ ,1993. 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 ake an oath. WITNESS my hand and official seal this ~ day of ~m~p~2me4fl (1); ~/'fA7>~~ U Notary Public Lhil'~ )a. Mt/;ff1Jj1 . pnntj ype Na e:J)? '. . i ((J,.U Notary Public STATE 0F FLORIDA ) COUNTY:. OF PINELLAS ) and correctness: /'i!::;!.:;'IY.;;" . DENISE A. WILSON . ~:! "". i:, MY COMMISSION N CC 201408 EX~IRES ~~;~il.~_: June 18. 1996 ".,~f.,f,\,., BONOED TMRU TROY fAIN INSURAHCE, INC, the 1993. ""';:;:'''i(;; DENISE A. WILSON {.f"l~ '\:~ MY COMMISSION I CC 201408 EXPIRES .~,~,:.~:.{.. June 18. 1996 "~:~C61-""'" ,a\lNOED THRIJ TROY fAIN INSU!WfCE, It.:. PAGE 5