SUBORDINATION OF UTILITY INTERESTS - PARCEL 815.02
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INST # 93-137018
MAY 13, 1993 10:26AM
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PINELLAS CUUNTY 1"1...1\..
OFF.REC.BK 8271 PG 321
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This instrument prepared
un~n~hfG?~~tion
Assistant General Counsel
Department of Trans rtation
11201 N. Malcolm McKi Isy Drivs
Tampa, Florida 33612
PARCEL
SECTION
S.R. NO.:
COUNTY
'815.02
15070-2524
580
PINELLAS
R e.+u (() in:
Legal Description Approved: \v./JJ)
Date, Februarv 24. 1993 By. Dianne M. Collins \'.-
FLORIDA DEPT. OF TRANSPORT A nON
JANE HARRIS, R1W SUPERVISOR
DISTRICT YIl R1W m'FICE, M.S. 7-900
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
UTL.04
SUBORDINATION OF CITY UTILITY INTERES:rs
THIS AGREEMENT, entered into this ~ day of r?f7)?,L ,19~, 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 HI
WHEREAS, the City presently has an interest in certain lands that have been
dete~rnined neceaeary for highway purposes; and
WHEREAS, the propoeed 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~~€r~~Gcity subordinates any and all of its interest in the lands as follows, viz:
~T
The ,North 5.00 feet of Lot 30, Block "An, Northwood Estates _ Tract "en in
~ /9.\0 Section 29, Township 28 South, Range 16 East, as recorded in Plat Book 75,
'S Pages 65-66, of the Public Records of Pinellas County, Florida.
Less existing rights of way.
~ontaining 465 square feet, more or less.
AL /9.1O;'!>
1 ~ 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
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
KARLEEN F. DEBLAKER, CLERK
PARCEL 815.02 ,RECORD VERIFIED BY: /:2uJ
PAGE 1
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This instrument prep re by, or
un:s:~~~I~~~Ji~,~~
Department of Transportation
PINELLls COUNTY FLA.
OFF.REC.BK 8271 PC 322
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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 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 purposep 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
operatiqn 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 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
of Production for District VIr
~Q,LLI\
WITNESS J ...--,-..
PRINT NAME :::s.h,,,,,,, . I ..d~ <0\ \
'--f2d~.Ji- -8 ^;;""\~A I f(l
WITNESS I
PRINT NAME K'()RQ,\- V- GRim5le:!&J,..-
/
By:
Dire
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
PARCEL 615.02
PAGE 2
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PINEL.AS COUNTY FLA.
OFF.REC.'K 8271 PG 323
This instrument prepared by,
Under the directiO~f
Kenneth G. Wing
I\flSlOlllt1IT1il\lt'lralfC'l'i'liW rta tion
or
STATE OF FLORIOA
COUNTY OF :t\ II \sboroogh
I...hl ....^
The foregoing instrument was acknowledged before me thiB~ day of IY JC(1 '
1993 ,by I<" .p"" P-I-r- f\ +-\c>.r\-mr...I'\'") ,DIRECTOR OF PRODUCTION for District
VIr , who is personally known to me or who-h~duced
as identification, and who~~(did not) take an oath. ,
'~ ~..A L,(7}"J,1'i
... /17-'11.J J1J70./ Yr j ~L-<1...t'; ,. " ....)
'~ /) jJ' ' ..,.
PRINT NAME ,:::Y;;m~'''t'8'. 'I~:s..:.:;.,~/'
, (- _ 'f ".,'.;f .~ t
Notary Public in and',fo/ -t-i1 ~,r:" 'J' .,;'
County and state laBt'~'f.fo.tcqaid: ;.,. '>:....:
My Commission Expires: 8- cQ~ ,qq4- ".c"'"
serial No., if any: ... .
,",- ..
ij
"
,..
WITNESS WHEREOF, the said grantor has caused these presents to be execut,e;;f in
its nam by its Board of city Commissioners acting by the Chairperson or Vice-
Chairperso of said Board, the day and year aforesaid.
"
, Florida,
ATTEST:
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 acknowledged'before
, 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
I Chairperson (or Vice-
I city Council, who is
as
PRINT NAME
Notary Public in and for the
County and state last aforeBaid~
My Commission Expires:
Serial No., if any:
(SEE PAGE 4 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL 815.02
PAGE 3
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P~ELLAS'COUNTY FLA.
OFF.~C.BK8271 PG 324
l.ta Garvey
Mayor-Commissioner
WATER, FLORIDA
By:
Goupeau" ,Ri ~-. C erk
: ..~//<l..._.' ,t. ~.>.'
';"f ~/'- ,. <""';"i.,. L,L',:,.., . _.:
q tf I.. if r I' . <', <,..:-:- ,il.
I,(~.~\,\,~~ :,,<~'~.,~~_::~.;~' t, <"1
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BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner ,at the
above named city, who acknowledged that she executed the foregoing"
instrument. She is personally known to rue and did not take an o~th.
WITNESS my hand and official seal this ~ day of ~ ,~, ,1993.
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
[}mi~)a~;~. ,
Print/Type Name: II ' J.. tSO/0
Notary Public
,J':~:;"~"""'" DENISE A. WILSON
(.fr'~i MY COMMISSION' cc 201~08 EXPIRES
'd., '.~j June lB, 1996
'J,~, "h,,\f~' BONDED THRtJ TROY FAIN INSUIlAHC(,IIC.
.8(,,\0\ "
."-STATE OF FLORIDA )
o COUNTY OF PINELLAS )
'BEFORE ME personally appeared Michael J. Wright, the City Manager of
'\;above named City, who acknowledged that he executed the foregoing
i~stru~~nt. He is personally known to me and did not take an oath.
day of~//L
the
WITNESS my hand and official seal this
f!
1993.
Print/Type Name:
Notary PuLlic
"'~':iti~",,, DENISE A, WILSON
[~'X~;! MY COMMISSlON , CC 201<08 EXPIRES
~'~".fI" June 18. 1996
~:'1(;..'-;",:t,:,.. BOHDEOTIiRlITRCrYfAlNIKSUflAHCE,IM::.
".""",
~~~V!rru
M. A. Galbr'jAth, Jr.
City Attorn~~/
and correctness:
PAGE 4