SUBORDINATION OF UTILITY INTERESTS - PARCEL 813.03
This instrument prepared by, or
under the direction of
.Kennslh G. Wing
Assistant General Counsel
Department of Transpo on
11201 N. Malcollll McKi Drive
T~pa, Florida 33612
INST # 93-137016
MAY 13, 1993,10:26AM
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PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 313
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PARCEL
SECTION
S.R. NO.:
COUNTY
,813.03
15070-2524
seD
PINELLAS
Legal Description ~pproved: ~~
Date: Februarv 24. 1993 By' Dianne M. C011ins~
pe+Um -fn;
FLORIDA DEI'T. OF TRANSI'ORTATION
JANE IIARRIS, RlW SUPERVISOR
DISTRICT VII RIW OFl'ICE, M.S. 7-900
11201 N. MALCOLM MCKINLEY DR.
TAMI'A, FLORIDA 33612-6403
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~ day of Jho(j/ ,19~, by and between
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, he;Jinafter called the Department,
the CITY OF CLEARWATER, hereinafter called City.
the
and
WIT N E s's E T D:
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:
RECORDING. b d' t '" h 1 d 11 '
T I~C~ty su or ~na es any and all of ~ts ~nterest ~n t e an s as to owe, v~z:
- ~he North 5.00 feet of Lot 29, Block "A", Northwood Estates - Tract "C" in
II( ro Section 29, Township 28 South, Range 16 East, as recorded in Plat Book 75,
5 Pages 65-66, of the Public Records of Pine11as County, Florida.
Tess existing rights of way.
;
Containing 375 square feet, more or less.
;,>J. [g.tO~
} to the interest of the Department, its successors, or assigns, for the purpose of
L-l,;uIIBt:ruction, improving, maintaining and operati~g 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
PLATTED
DRAINAGE AND
UTILITY
EASEMENT
DATE
FROM
TO
03/26/76
NORTHWOOD ESTATES,
A CO-PARTNERSHIP
PLAT
BOOK/PAGE
CITY OF CLEARWATER 75/65 & 66
PARCEL 813.03
KARLEEN F. DEBLAKER, CLERK
\RECORD VERIFIED BY: ~
PAGE 1
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PINE~AS COUNTY FLA.
OFF.REC.fK 8271 PG 314
This instrument prep[Jred b ,
Under the directio f
Kenneth G, Wing
Ass;"""! Gp.'1eral GO\lnsel '\ r
Department of Trans~rtation
or
PROVIDED that the following rights are reserved to the city:
l~ 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 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 facilities and to
indemnify the Department against any loss or damage resulting from the
; City ~xercising 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
B
\
Dir tor of Production for District VII
ADDRESS 11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
PARCEL 813.03
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PINErLAS COUNTY FLA.
OFF.REC~BK 8271 PG 315
This instrument prepared by, or
Under the direction of .
A",;"~~~;n,~I~"~}{~n~'O'~1 ~
Department of Transportation
STATE OF FLORIDA
COUNTY OF\-\ i\ hh~('rT::J h
The foregoing instrument was acknowledged before me this ~ day
1993 ,by k"""n.....h 1'>., -\-\---+"0(',,,,, ,DIRECTOR OF PRODUCTION
VII , who is personally known to me or-who-has'PrDduced
as identification, and who "d-i-d-(did not) take an oath.
(~il/}1.rrtte. }J... '1~u~
PRINT NAME ;::1;.-, n-f'-4-\';:, !0f' ''jZ:;,( '''-0
of r., c~y ,
for Dist'rict
ATTEST:
WITNESS WHEREOF, the 'said grantor has caused these
by its Board of City Commissioners acting by
of said Board, the day_and year aforeBaid~
Notary Public in and'for,-:the ,;,
County and State last :aforeBai.d~ .
My Commission Expires: 3-M'-ICiQ "1
Serial NO'1 if any: ' ..,
presents to be executed in
the Chairperson or Vice-
PRINT NAME
Clerk
By Its City Council
, Florida,
By:
Ita Chairperson
(or Vice-Chairperson)
,.
PRINT NAME
ADDRESS
PRINT NAME
me this __ day of
, Chairperson (or Vice-
orida, City Council, who is
as
STATE OF FLORIDA
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 ~ath.
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
(SEE PAGE 4 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL 813.03
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PINELLAS COUNTY FLA.
OFF.RE'tBK 8271 PG 316
By:
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R~ta Garvey
Mayor-Commission
Attest:
STATE OF FLORIDA
COUNTY OF PINELLAS
l1!illfJ1)O~fi&t ~ ., ,
Print/Type Name: '~( )/ /SO/J
Notary Public.
BEFORE ME personally appeared Rita Garvey, the Mayor-Comm,j.ssioner 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.J /1993.
,1P,;:'Pi&, DENISE A. WilSON
!.t !J....~., MY COMMISSION I cc 201<08 EXPIRES
%;~~:o:: JUDD 18, 1996
'ir.,iit;,f,~" BONO~D THRU TMV fAIN INSURANCE, INC.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Michael J. Wright, the City Manager of the
above ramed City, who acknowledged that he executed the foregoing
instrument. He is personally known to me and did not take an oath.
WITNES~ my hand and o~ficial seal this ~ day of~1~ 1993.
f\ . All ,- f\ n ) /J ~ ~ ~ t 1 .....~':'.... DENISE A. WILSON
N) r U)',d{ (.J- ~ D09 1~'!'Ji."if;, MY COMMISSION Ice 201408 EXPIRES
Print/Type Name: -f\ \ ~. ,Jr.' ).. S(j,CJ ~\'{lS.T~f June 16, 1996
N. t P bl' J)...-- - -- - .----. ..r~l"'(..."'d'".,' BONOEDTHRUTRO'l'FAINIHSUIWICE,lht.
o ary u ~c . "Hr.,,""
Approved
correctness:
M. A. Ga1b aith,
City Attorney
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