SUBORDINATION OF UTILITY INTERESTS - PARCEL 800.02
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This inetrument prep~aed by or
under the direction
Kenneth G, Wing
Assistant General Counsel
Department of Transp rtation
l120l N. Malcolm KcK nley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO..
COUNTY
SECTION :
800.02
7117031
590
PINELLAS
15050-2526
Legal Dee/J~tion APproved:d~ ,~~
Date: ?; 1; 93 By:
UTL.D4 06/93
SUBOlIDIHATIOH 0.. CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ____ day of , 199__, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY
OF CLEARWATER, a municipal corporation, hereinafter called city.
WIT If E SSE T HI
WHEREAS, the City preeently 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 FDOT; and
WHEREAS, the FOOT ie willing to pay to have the City's facilitiee relocatsd if
necessary to prevent conflict between the facilitiee 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 "DOT agree as follows:
City hereby subordinates to the interest of FOOT, its successors, or assigns, any
and all of ite interest in the lands as follows, viz.
The East 40.0 feet of the following described parcel:
"From the NE corner of Section 7-29-16, Run S 0054'44" West, along the centerline of U.S.
19, 89.58 feet; thence N 89005'16" West, lDD.O feet to a point on the West right-of-way
line of U.S. 19, said point being the Point of Beginning; thence S 0054'44" West, along
said West right-of-way line of U.S. 19, 641.0 feet; thence N 89005'16" West, 235.85 feet;
thence N 0053'39" East, 490.65 feet to a point on the South right-of-way line of SR 590;
thence N 58024'45" East, along said South right-of-way line of SR 590, 279.83 feet to the
Point of Beginning."
PARCEL 800.02
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This instrument preparWd by
Unde~,the diraction 0
l\enn&lh G. wlnq .,
Assistant Gene",' -. ,.,.-,. ~
Department of Transpo~tation
or
Containing 0.577 acres more or less.
RECORDED
NATURE OF
ENCUMBRANCE
EASEMENT
DATE
FROM
TO
O.R.
BOOK/PAGE
3977/917
11/17/72
IMPERIAL MOTEL
CORP.
CITY OF CLEARWATER
PROVIDED that the City has the following rights:
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 FDOT's current minimum standards for such facilities
as required by the FDOT, Utility Accommodation Manual in effect at the time the
agreement is executed. Any new construction or relocation of facilities within the
lands will be subject to prior approval by the FOOT. Should the FOOT fail to
approve any new conetruction or relocation of facilities by the City or require the
City to alter, adjust, or relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate easements.
2. Notwithstanding any provisions eet forth herein, the terms of the utility permits
shall supersede any contrary provisione, with the exception of the provision hsrsin
with reimbursement rights.
3. The City shall have a reasonable right to enter upon the lands described hersin 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 FOOT's
facilities.
4. Ths City agrees to repair any damage to FOOT facilities and to indemnify the FDOT
against any loes or damage resulting from the city exercising its rights outlined
in Paragraphs 1 and 3 above.
PARCEL 800.02
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This instrument prepared by, or
Under the direction~f
Kenneth G. Wing
Assistant General r;o"~"~'
Department of Trans rtation
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
firet above written.
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VII
WITNESS
PRINT NAME
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The
foregoing instrument
, 199
for District
was acknowledged before
, by
VII ,who is personally
as identification.
me
this
day of
DIRECTOR
produced
OF PRODUCTION
,
known to me or who has
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 800.02
PAGE 3
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This i.nstrument prePwzrSd by,
Under ths direction
Kenneth G. Wing
Assistant General COUM~I
Department of Transp tation
or
WITNESS WHEREOF, the eaid'grantor has caueed these presents to be executed in its
name s Board of City Commissioners acting by the Chairperson or Vice-Chairperson of
said the day and year aforesaid.
STATE OF FLORIDA
By:
Its Chairperson (or Vice-Chairperson)
ATTEST: CITY OF CLEARWATER , Florida,
By Its City Council
PRINT NAME
Clerk
PRINT NAME
ADDRESS
COUNTY OF PINELLAS
The foregoing inetrument was acknowledged
, 199 , by
(or Vice-Chairperson) of the CITY OF CLEARWATER
personally known to me or who has produced
thie day of
, Chairperson
city Council, who is
as identification.
PRINT NAME
Notary Public in
County and State last aforeeaid.
My commission Expires,
Serial No., if any:
PARCEL BOO.D2
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IN WITNESS WHEREOF, the said grantor has caused these
presents to be executed in its name by its city Manager the day and
year aforesaid.
By:
WATER, FLORIDA
ta Garvey
Mayor-Commissione
~ !d
a E. Goudeau, city Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Rita Garvey,
the Mayor-commissioner of the city of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
official seal this~day of
&JJ
"\'''''''' SE
l$>.r,"'~1}, DENI A. WILSON
i'('~"':'j MY COMMiSSION I CC 201<(1! EXPmES
~.~.~'<j June 18, 1996
..'/X,ni..W!-.... saNDED TliFItJ TROY fAlH.lNSt.lfI,l./a..l/C.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Michael J.
wright, city Manager of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me.
and
official
seal
thiScJ6 day
of
Approved
correctness:
. '\ A~"~"",
u !~'f:A' .~:' DENISE A. WlLSoo
'" . .'! MY COMMISSION' CC 20
.". .~"'. rr 14CS EXPIRE
,,).........,.' June 1a 1996 s
',.9f,.f,',,' SONOEOTHFIUmov'
FAI!tlHSlIfW;cE ~.
otary Publlc
Print/type name:
JAL
Jr., City Attorney
PARCEL 800.0
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