SUBORDINATION OF UTILITY INTERESTS - PARCEL 170.05
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C I T Y 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
TO: Susan Stephenson, Documents & Records supervisor
FROM: Earl Barrett, Real Estate Services Manager~-
COPIES: Bill Shepard, Engineering Drafting Supervisor
SR 584 subordination file
SUBJECT: Recorded subordination agreement returned by F.D.O.T.
DATE: March 18, 1994
Attached for your records is a copy of the recorded Subordination
of utility Interests document returned by the Florida Department of
Transportation (F.D.O.T.) concerning the following F.D.O.T.
project:
Parcel
S.R. No.
section
county
170.05
584
15080-2510
Pinellas
BECEIVED
MAR 2 1 1994
CITY CLIO Dl!n.
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lAWTOrt CUILES
GOVERI'IOR
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- -'DEPARTMENT
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tRANSPORTATION
OF
11201 N. McKinley Drive, MIS 7-820
Tampa, Florida 33612
(813) 975-6040
March II, 1994
BErt G. WATTS
SECRETARY.
City of Clearwater
Mr. Bill Baker
City Hall Annex
10 S. Missouri Avenue
Clearwater, FL 34618
RECEIVED
MAR 1 6 19M
SECTION: 15080-3510 City Manager
WPI NO: 7116900
SR: 584
COUNlY: PINELLAS
DESCRIPTION: SR584 FROM 400' EAST OF GIMGONG TO SR586
Dear Mr. Baker,
Please find enclosed one utility subordination agreement for the above referenced project that has
been fully executed by The City of OelllWater and the Department of Transportation.
If you have any questions, please feel free to call.
Respectfully,
-/d>rfu/k/~~
Robert F. Grimsley, Ir.
Assistant Utility Engineer
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INST # 94-068235~.
MAR 8, 1994 7:35~
This instrument prepared
under the direction 0
Kenneth G. Wing
Assistant General Counsel .
Department of Transpor
11201 N. Malcolm McKin]
Tampa, Florida 33612
or
PARCEL .
WPI NO.
S.R. NO.:
COUNTY
SECTION :
170.05
7116900
584
PINELLAS
15080-2510
PINELLAS COUNTY FLA.
OFF.REC.BK 8590 PG 678
I< IZII.! I(/U
Legal Description APproved~~~
Date: f/.:2. ,?/ <75 By:
UTL.D4
FLORIIlA IJEI'T. OFTRANSI'ORTATION
ATTN: M.S. 7.9GG, RIGHT OF WAY
JIM POTTER, RIll' SPECIALIST III
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612.64G3
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~ day of /?-1~A'<:~, 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 N E SSE T H:
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 FDOT; and
WHEREAS, the FDOT .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 FOOT agree as follows:
City hereby subordinates to the interest of_ FOOT, its successors, or assigns, any
,and all of its interest in the lands as follows, viz:
A parcel of land located in the Northeast 1/4 of Section l6, Township 28 South, Range 16
East, Pinellae County, Florida being more particularly described as follows:
As a point of reference commence at the Southeast corner of the Southeast 1/4 of said
Section 16; thence North 00016'37" West, 2701.78 feet to the' Southeast corner of the
Northea.t 1/4 of said Section 16; thence North 00'17'57" West, 5D.Ol feet along the East
boundary of the Northeast 1/4 of said Section 16 to a point on the North right-Of-way line
of State Road 586 (Curlew Road); thence North 89'28'51" West, 778.92 feet along the North
right-of-way line of State Road 586 (Curlew Road)' to the POINT OF BEGINNING; thence North
89'28'5l" West, 120.00 feet along the North right-of-way line of State Road 586 (Curlew
Road); thence North 00'31'09" East, 21.99 feet; thence South 89028'51" East, l20.00 feet;
thence South 00'31'09" West, 21.99 feet to the POINT OF BEGINNING.
PARCEL 170.05
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: T'Lc-
PAGE 1
I
PINILLAS COUNTY FLA
OFF.RE'.BK 8590 PG 6~9
This instrument prep~ared by,
Under the direction f
Kennelh G. Wing
Assislanl General Counsel
Department of Transpo ation
or
,Cont'a.ining 2,638 square feet, more or lese.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK PAGE
EASEMENT
09/17/86
PIZZA HUT OF
AMERICA, INC.
CITY OF CLEARWATER
6349/1171
ROVIDED 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 FOOT's current minimum standards for Buch 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 eubject to prior approval 'by the FDOT. Should the FDOT 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
FOOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
in~luding, but not limited to the cost of acquiring appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of the utility permits
shall supersede any contrary provisions, with the exception of the provision herein
with reimbursement rights.
3. The City shall have a reasonab~e 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 FOOT's
facilities.
4. The city agrees to repair any damage to FOOT facilities and to indemnify the FOOT
against any loss or damage resulting from the City exercising its rights outlined
.in Paragraphs 1 and 3 above.
PARCEL 170.05
PAGE 2
,
I
tINELLAS COUNTY FLA.
OFF.REC.BK 8590 PG 680
This instrument prepared
Under the direction of
Kennelh G. Wing
Assislenl General Counsel
Department of Transport
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
in
STATE
SPORTATION
By:
Direc
VII
7<;/CL :.JR
ADDRESS
l120l N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
OF
The
March
PRODUCTION
foregoing in8tru~ent was acknowledged before me
, 199 , by Knnnpth ~ R?lrtm?lnn
for District VIr I who is personally known to
ati ;non~ifiQ~~io~
this
4th
day of
DIRECTOR
,
me Qr.-wl'le h.......
.", "lllr~n...
j)~/L-;,~ ,~ ~ aU~~-Vlvr~
PRINT NAME Deanna L. Alderman
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
---'-~._--
;
<,' ~~.
Mol. Public Slat. 01 florid. at Large
/IIy:n;""ion Elqliro' July 17, ~~
PARCEL 170.05
PAGE 3
I
lINELLAS COUNTY FLA.
OFF.REC.BK 8590 PG 681
This instrument prepared
Under the direction of
Kenneth G, Wing
Assistant General Counsel
Department of Transporta ion
N WITNESS WHEREOF, the said grantor has caused these preeents to be executed in its
name by ts Board of City Commissioners acting by the Chairperson or Vice-Chairperson of
said Boar the day and year aforesaid.
CITY OF CLEARWATER , Florida,
By Its City Council
ATTEST:
PRINT NlIME
Clerk
By:
Its Chairperson (or Vice Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument
, 199
(or Vice Chairperson) of the CITY
known to me or who ha~ produced
was acknowledged
, by
OF CLEARWATER, Florida,
this day of
, Chairperson
eil, who is personally
i entification.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 170.05
PAGE 4
I
PI~ILLAS COUNTY FLA.
OFF.REC.BK 8590 PG 682
IN WITNESS WHEREOF, the said grantor has caused these presents
to be executed in its name by its acting City Manager the day and
year aforesaid.
-".
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CITY OF CLEARWATER, FLORIDA
Attest:'
~, c >.
J.-~ l .,"<;, ".
.---.....L
ntiiiaE. Goudeau
City icierk:' ;
. . -:""-; ."~.., ,:
By:
f?b~
E~' abeth . Deptula
K~ tn~ Clty Manager
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of" "'"
Interim
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STATE O'FF,LORIDA." )
COUNTY OF ~iNELLAS )
. . ' . .
.......\-.'-...
BEFO~EtMEi the undersigned, personally appeared Elizabeth M.
Deptula, agKi~gmcity Manager 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.
1994. WITNESS my hand and sea~ this d..! day of r!)1} I f) lJ.~,
f\ ^ f'() i~ ) (l ); lk/(1) .
N~y Publlc
Print/type name :Dp -iJ I ,SP) A i4"is(yJ
/f.\....,"~.. DENISE A. WILSON
t( .ft.";;) MY COMMISSION K CC 201408 EXPIRES
. -;'.J;.~i.~~"'" June lB, 1996
'{F/:,.n,." BONDED THAU TROY fAIN INSURANCE, INC.
to orm and correctness:
M. A. Galbra th Jr.
City Attorne
PARCEL 170.05 page 4
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C lEGEND
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.. OR OFFICIAL RECORDS
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PINELLAS COUNTY FLA.
OFF'fEC.BK 8590 PG 683
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