SUBORDINATION OF UTILITY INTERESTS - PARCEL 812.02
,
INST II 93-137015
MAY 13, 1993 10:26AM
PINELLAS COUNTY rLrt.
OFF.REC.BK8271 PG 308
I
...
This instrument prepared by, or
under ,the directi
Kenneth G. Wing ,
Assistant General Counsel
Department of Tran
11201 N. Malcolm H Kinley
Tampa, Florida 33612
PARCEL
SECTION
S.R. NO.:
COUNTY I
I 812.02
15070-2524
580
PINELLAS
~e.-lurn -it:;.
Legal Description Approved: h..J)
Date: Februarv 24. 1993 By: Dianne M. collins~~
FLORIDA DEPT. m'TRANSPORTATION
JANE llARRIS. R1W SUPERVISOR
DISTRICT Vll R1W m'FICE, M.S. 7-900
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ft day of €!tyi I ,199..2, by and between
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, here nafter called the Department,
the CITY OF CLEARWATER , hereinafter called city.
the
and
WIT N E SSE T HI
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:
;;EFORDING
:T /()()'/..!j City subordinates any and all of its interest in the lands a.s follows, viz:
-:J>IIi I ,. .
::- The North 5.00 feet of Lot 28, Block "A"-, Northwood Estates - Tract "e" 1.n
'_ ~ection 29, Township 28 South, Range 16 East, as recorded in Plat Book 75,
: Pages 65-66, of the Public Records of Pinellas County, Florida.
Being Described as follows:
::: Commence at a 5/8" Iron Rod, P~L.S. #1762, marking the Point of Tangency
nn the Westerly line of Block "A", Northwood Estates - Tract lie" as
:"tl.L recorded in Plat Book 7S, Pages 65-66, of the Public Records of Plnellas
~~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 line of said -Block "An and the Easterly right of way line. of Landmark
Drive, a distance of 548.37 feet to the Northwest corner of Lot 17, Block
"An, of said Northwood Estates - Tract "Cn, said Northwest corner also
being a point on the existing Southerly right of way line of state Road
580; thence North 89040'41" East along the Northerly line of said Block
"A", and the Southerly right of way line of State Road 580, a distance of
815.49 feet to a point on a curve concave Northerly having a radius of
527.46 feet, a central angle of 08045'29", a chord bearing of North
85008~12" East and a chord dietance of 80.55 feet; thence Easterly along
said curve and southerly right of way line of State Road 580 an arc length
of 80.63 feet to the Northwest corner of said Lot 28 and the POINT OF
BEGINNING; thence continue along said curve having a radius of 527.46
feet, a central angle of 07002'13", a chord bearing of North 77014'33"
East and a chord distance of 64 ~ 68 feet; thence Easterly along the
Northerly line of said Lot 28 and the Southerly right of way line of State
PARCEL 812.02
KARLEEN F. DEBLAKER,CLERK
!RECORDX~RIFIED BY:~~
PAGE 1
('" /,<
-...w./. .I
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PINELL~ COUNTY FLA.
OFF.REC.B~ 8271 PG 309
This instrument prepared by, or
undolllenll~ Giwflifion ifJ 11/
::::::~~::"":'f ~:l~n::~po~;a~ion
Road 580 an arc length of 64.72 feet; thence North 89041'06" East still
along said Northerly line of Lot 28 and the Southerly right of way line of
state Road 580 a distance of 11.43 feet to the Northeast corner of said
Lot 28; thence South 00019'19" East along the Easterly line of said Lot 28
a distance of 5.00 feet; thence South 89041'D6" West 10.73 feet to a point
on a curve concave Northerly having a radius of 532.46 feet, a central
angle of 07002'22", a chord bearing of South 77019'21" West and a chord
distance of 65.38 feet; thence Westerly along said curve 65.42 feet to A
point on the Westerly line of said Lot 2e; thence North 00019' 19" West
along the Westerly line of said Lot 28, a distance of 5.06 feet to the
POINT OF BEGINNING.
Less existing rights of way.
containing 381 square feet, more or less.
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
FROM
PLAT
BOOK/PAGE
CITY OF CLEARWATER 75/65 & 66
DATE
'TO
PLATTED
DRAINAGE AND
UTILITY"
EASEMENT
03/26/76
NORTHWOOD ESTATES,
A CO-PARTNERSHIP
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 Accommodation Guide, dated May,
1990. Any new construction or relocation of facilities within the lands
will be subject to pr ior 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 8uch 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 loss or damage resulting from the
PARCEL 812.02
PAGE 2
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PINE~AS COUNTY FLA.
OFF.REC~K 8271 PG 310
This instrument prepared by, or
Under the directiO~Of
Kenneth G. Wing
-b'io'tart!n\'B'nt" ~tT;?:~1 rtat10n
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
~~~, 'j_\ \
WITNESS ~l J--r.- \
PRINT NAME ...::>+cvc-r-. . I '=\""'0\
~~i~~sf:~R~;~~~:~~Y \r
B
of Production for District VII
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF 1111 1s'q<J (,:x.;.gh
The foreg~ing instrument was acknowledged before me this &, -f.hl day of 'MeA.' ,
1993 ,by Kenneth A. '\-\1"ir+fflO rvn ,DIRECTOR OF PRODUCTION for District
VII , who is personally known to me~~-ha~ueed
as identification, and who~ (did not) take an oath.
Cftl/t1 rd.,) 71-_, "1~p .'
PRINT NAME '::::km,,~'iff-<~d~ .
A~(.~\"f/::t);;;:.~':- ..,:. ..... . .
Notary Public in,(landt:f:dE- the.....
County and State .lal~ft' atOresaid. . ' :
My Commission Expireii. !~/)ct -lqq4 ..:.:.
serial No., if any: ,....,A.. ..' .",'," ..'
..
ITNESS WHEREOF, the said grantor has caused these
. ts Board o~ city Conuniasioners acting by
of s' Board, the day and year aforesaid.
'~$.'~":.'-""
.~'r "
presents to be exef~ted in
the Chairperson or Vice-
"-'0',";
ATTEST:
, Florida,
PRINT NAME
Clerk (or Deputy Clerk)
By Its City council
PRINT NAME
ADDRESS
PARCEL S12.02
PAGE 3
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PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 311
This inatrument pr.~r.d by,
undlllinlie\l\ cf.W~'iltion
Asslstanl General Counsel
Departlllent of Trans rtation
or
S E OF FLORIDA
COUNTY'OF
before me this ____ day of
, Chairperson (or Vica-
, Florida, city Council, who is
as
The foregoing ins
, 199_, by
Chairperson) of the
personally known to me or who has pro d
identification, and who did (did not) take
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 812.02
PAGE 4
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I
e ~
i a Garvey
Mayor-Commissione
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 312
TER.. FLORIDA
By:
haeT.J .."Wn.ght /
y MgtTIager ".:.
f;t ~' ; { ~~; <:;~:',~' L:~~: ': I
'... v:.t:'" ./..'.' r,""
't.:- -/~6- ',J ( .
ia;I;E:i.Goud~au, Qit~,'clerk
" ", ~,,';~Tr(,', '.,
. .... ~ ~ .
",;: .'
..f'..-'....
',Vi
(i"'
.r1'~.
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 ~jJV I ,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 take an oath.
WITNESS my hand and official seal this L day of (0"Yu'1 ,
Mn1N/)! ~t:l :~J(l,,~ J~ISQ0
Notary Public
STATE OF FLORIDA
COUNTY OF PINELLAS
~Jfli,N)O'~f'Q~
rintjType Name: ) ,(,'0. 00
Notary Public
STATE OF FLORIDA )
COUNTY'OF PINELLAS 1
,APproved ~~nd correctness:
,A,~ . '
M. A. Galbraithf Jr.
city Attorney U
~"/II,f:'.. DENISE A, WILSON
["l .' f~1 MY COMM:SSION ,. CC 201.w6 EXPIRES
:;~~. .'f-V June 18, 1996
'~";..~'f.f,f.". 60JfDEO ntRtJ TROY fAIN INSUAAHCf, INC.
the
1993.
"""'~'"
t,,-r..'..,.;.... DENiSE A, WILSON
[.f 'tA, "'~:-, MY COMMISSION I CC 201408 EXPIRES,
~"~.'~= June 18,1996
....,~:p.:::{.,:f,/ , BONDED ntRU TfI0Y FAIN INSUAANCE,INC.
PAGE 5