SUBORDINATION OF UTILITY INTERESTS - PARCEL 814.04
INST # 93-137017
rAY 13, 1993 10:26AM
;hi.' c~.. ~n~repaVb' or
unti ' "n q
" ,8 " re cunsel
Kennelh G. Wing
AS$islant General r.m,nlia'
Departlllent o~~. ~portation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PINELLAS COUNTY FLA.
OI'F.REC.BK 8271 PG 317
PARCEL i 814.04
SECTION I 15070-2524
S.R. NO.: 580
COUNTY ,PINELLAS
Re.turn ',-Jo:
Legal Description Approved: ~)
Date: Februarv 24, 1993 By: Dianne M. Collins r'"
nOR IDA DEPT. OF TRANSPORTATION
JANE HARRIS, RlW SUPERVISOR
DISTRICT VH RIW OFFICE, M.S. 7.900
11201 N. MALCOLM MCKINLEY DR.
TAMI'A, FLORIDA 33612,6403
UTL.04
SUBORDINA:rION OF eIn UTILITY IN:rERESTS
THIS AGREEMENT, entered into this L day of ;//,e;C , 199~, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department,
and the CITY OF CLEARWATER , hereinafter called City.
WIT N E SSE T S:
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 purpoBes 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:
;!tEDSlJ~Gcity subordinates any and all of its interest in the lands as follows, viz:
~~he;North 5.00 feet of Lot 31, Block "A", Northwood Estates _ Tract "C" in
:~ection 29, Township 28 South, Range 16 East, as recorded in Plat Book 75,
5 Pages 65-66, of the Public Records of Pinellas County, Florida.
Less existing rights of way.
Containing 535 square feet, more or less.
,L 19,fO/J
rn ~h~ interest of the Department, ita Buccessors, 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
PLATTED
DRAINAGE AND
UTILITY
EASEMENT
DATE
FROM
TO
PLAT
BOOK PAGE
03/26/76
NORTawooD ESTATES,
A CO-PARTNERSHIP
CITY OF CLEARWATER 75/65 & 66
PARCEL 814.04 ;KARLEEN F. DEBLAKER, CLEi;<K
[RECORD VERIFIED BY:~
PAGE 1
DC'; ~-()
i"'I,." i
Ii ~.l"
"-::'~-
"
,
PINEL1AS COUNTY FLA.
OFF.REC.~K 8271 PG 318
This instrument prepared by, or
u"Rer the directiOf!.
' ennelh G, Wing
Asslslanl G~n~,':lI! '-:-.J' '''''<:j:el
Dep&~tment of Tran rtatlon
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 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 lande, 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, brueh, 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 exercieing 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:
. ..---:--
~g.LL\\
WITNESS '
PRINT NAME ::skv,",..., --l.:];dv.J~\ \
, -{0-J;t-'lf f- M~.&, ~4t-
;~i~~S~AME RnR0<"1.- FGRlYh~lo/.\r-
STATE OF FLORIDA
TRANSPORTATION
By
Dire tor of Production for District VIr
ADDRESS 11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
PARCEL 814.04
PAGE 2
I
PINE~AS COUNTY FLA.
OFF.REC.~K 8271 PG 319
This instrument prepared by, or
Under the directiO~f
Kenneth G, Wing r
Assifit;:l111 Gen~r~1 r;ounsel II
Department of Trans tation
STATE OF FLORIDA
COUNTY OF \.\;;\biY>r-o< "jh
The foregoing instrument was acknowledged before me this ~~.hl day of ~~~ ,
199 3 ,by \< ('(\f'\ Pi-h P>.. -\-\"',-+()'Y) ('In . DIRECTOR OF PRODUCTION for .:District
VII , who is personally known to me or-wh~uced
~dentification, and who d~d-idid not) take an oath.
C)Li"'H-h- f1.- ~~/~
'~1~'. .7 "_
PRINT NAME :)F(jn~~, W. ':~""'<-
. ~ . !.-.,.: .- :;"" ,,"
Notary Public in ~nd !or~the\'; ," . .,)
County and State laBt~ af9.reaaid,.~ '..'-
My Commission Expire.;~: 3--"{)C; -tqq4-
Ser ia1 No., if any: .;; ~.:,~ ," . "
"
"
,,'
." .r
ATTEST:
.' '/ '.~ ~~". r:>~'
WITNESS WHEREOF, the said grantor has caused these presents to b~ executed in~~~~
by its Board of City corrunissioners acting by the Chairperson' ~or Vice:;;"
. ,,)'"
of said Board, the day and year aforesaid.
, florida,
By Its City Council
PRINT NAME
Clerk
By:
Its Chairperson
(or Vice-Chairperson)
,
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was
, 199_, by
Chairpersbn) of the
personally known to me or who has produced
identification, and who did (did not) take an oath.
e me this ____ day of
, Chairperson (or Vice-
rida, City Council, who is
as
PRINT NAME
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 814.04
PAGE 3
"
I
--
/
~ta Garvey
Mayor-Commissioner
STATE OF FLORIDA
COUNTY OF PINELLAS
PG 320
By:
"
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 Jl day of O~ 1 '1) ,1993.
J1p~~ JQj;M~f i"00
Notary Public
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.
-L day of /) fA;h
STATE OF FLORIDA )
COUNTY OF PINELLAS )
"
WITNESS my hand
f} Jfu/',Q)(J, ~~j
Pnnt/Type Name: I> '" r rSili,)
Notary Public
and official seal this
Approved ~to form and
,k/J_ ~
M. A. Gal raitn'IJr.
City Attorne~!
correctness:
i~:;;;;:'~', DENISE A. WILSON
i.rA" ,'j MY COMMISSUlN I CC 201'iOO EXPiRES
~j~~~: June lB, 1996
. '.,9f..r,\.." llONOED THRU TRaY fAIN INSUflAHCf,./i::,
the
1993,
/;:;;;;:~.. DENISE A, WILSON
!;(A"i:) MY COMMISSION I CC 201408 EXPJRES
~;;.;.~.~.;- JunlllB.1996
"{,'9f.."f;f.-" BONDED THRtI TROY FAIH lNSUIW'I'CE. IN::.
PAGE' 4