SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 109.04
"--'1-
,
I
Ij\j:J 1 U ')4-.11 -+"::::41
JUN 1~, 199~ 6:59PM
I
PINELLAS COUNTY FLA.
OFF,REC,BK 8698 PG 1117
"
This- instrument prepared by, or
under the direction~
_ . Kenn,~~~.~l_.?,' .:A.~nQ ,
ASsIstant "':"::"":;<:':1 ....... Gun..; ,"":.,
Department of Tr~n9 rtation
11201 N. Malcolm McK ley Orive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
109.04
7117045
55
PINELLAS
15150-2566
',Jr' >,
:;JJ
FLORIDA IlEPT, OF TRANSPORTATION
ATTN: M.S. 7.900, RIGHT OF WAY
MARIA CARMEN IlERNANIlEZ
11201 N, MALCOLM MCKINLEY Illl,
TAMI'A. FLOnlDA JJ612~6403
'"
Legal DeSCripti~ ApprOVedy~_ /;/~/
Date: /:>-/;z 1 7 By: $-
. . I .
'~~'rl i I!
>--. w Co
Cl Cl 0 N l- I
:) 0 lU .((- I), -.- l' I:!: I_:'~ ~ I
~..: 0 r:r: 0 0 ~ /f. ~ ,..'. '_' . _ V
THIS AGREEMENT, entered into this L day of .Tv...e. ,199.f..., by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPOIlTATION, hereinafter called the FOOT, and the CITY
OF CLEARWATER , a municipal corporation, hereinafter called city.
~,
~;
----..,
..jJ
'tl SUBORDINATION
OF CITY UTILITY INTERESTS
WIT N E SSE T H:
WHEREAS, the City presently has an interest in certain lands that have beeh
dete~mined 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 FOOT; and
WHEREAS, the FOOT is willing to pay to have the City's facilities relocated if
necessary to prevent conflict between the facilities 80 that the benefits of each may be
retained..
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto,- City and FDOT agree as follows:
city hereby subordinates to the interest of FDOT, its successors; or assigns, any
and all of its interest in the lands as follows, viz:
That part of:
The East Two Hundred Forty Feet (E 240 ft.) of,the South One Hundred Thirty Feet (S 130
ft.) of the following described tract or parcel:
The North Three Hundred Feet (N 300 ft.) of the South six Hundred Twenty Feet (S 620 ft.)
of the following tract: Start at the NE corner of Sec. 18, Township 29 South, Range 16
East, and run North 89"39'14" West 100.02 ft.; thence run South 01"03'04" West 400.02 ft.
to a point on the West right-Of-way line of U. S, Highway 19 for a POINT OF BEGINNING;
thence continue South 01"03'04" Weat 940.61 ft. along said right-of-way; thence ~orth
89"40'58" West 600.05 ft.; thence Notth 01"03'04" East 940.90 ft; thence South 89039'14"
East 600.05 ft. to POINT OF BEGINNING.
LESS AND EXCEPT that part of the above described Parcel which was acquired by Pinellas ~
County and the Florida Department of Transportation for additional right-ot-way for U~S.
Highway 19 in Circuit Civil Action No~ .28,.366, Circuit Court for Pinallas Courity, 'Florida,
PARCEL 109.04
PAGE 1
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY:~11r-
f'n. [14L/-O?, /-;::\
..--;i-'
I
PINELLAS COUNTY FLA.
I OFF,REC,BK 8698 PG 1118
This inotrument prepared by, or
Under the dir.ction~f
Kennsl,h G. 'Ning
Dep:;~~~~~ G~'~2r~~~~I~"'~": ation
under Order of Taking filed and recorded July 12, 1971, in O.R. 3579, page 250, of the
public records of .Pinellas County, Florida, .a description of said part of the above Parcel
00 taken appearing in O.R. Book 3579, page 251.
Lying within the following described boundary, to-wit:
Commence at a 5/8" iron rod no. LB-33 marking the Northwest corner of the Northeast 1/4
of Section 18, Township 29 South, Range 16 East, Pinellas county, Florida, run thence
S.89039'46"E., a distance of 2671.71 feet along the North boundary of the Northeast 1/4
of said section 18 to the Northeast corner thereof; thence S.Olo03'38"W., a distance of
891. 99 feet along the East boundary of the Northeast 1/4 of 8.lid section 18;, thence
N.880S6'22"W., a distance of 102.02 feet to the existing West right-of-way line of U.s.#19
per D.O.T. section 15150-2512 and the POINT OF BEGINNING;, thence along said Weot
right-of-way line, the following,three (3) courses, 1) S.01003'3B"W., a distance of 86.37
feet; 2) s.01"36'36"E., a distance of 43.36 feet; 3) S.1002B'Ol"W., a distance of 0.31
feet; thence N.89039'S4"W., a distanc~ of 44.95 feet; thence N.01003'38"E., a distance of
130.01 feet; thence s.89'39'S4"E., a distance of 42.98 feet to the POINT OF BEGINNiNG.
containing.S,632 square feet, more or less
RECORDED
,
NATURE OF
ENCUMBRANCE
EASEMENT
DATE
FROM
TO O.R.
BOOK/PAGE
CITY OF CLEARWATER 3095/80
OS/21/69
ABS, llfC. a
Flor ida
corporation
PROVIDED that the city has the following rights:
1.
The ~ity 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 constructioh 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,
including, 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 reasonable right to enter upon the lahds 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 righto do not interfere with the operation and safety of the FOOT' 0
PARCEL 109.04
PAGE 2
,~_L,
I
Thi. in.trument prepared by, or
Und~e,rnlJo'" ~if,~.:tiO~ !
Asslslant C _' '.:, -.'(')
Depai:'tmen~ ~ .'o'~ "~~:~~'s rtation
facilities.
PINELLAS COUNTY FLA,
IOFF,REC,BK 8698 PG 1119
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.
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
signed, sealed and delivered in
the presence of:
WIT~.sJ U_~
'PRINT N '--.Yteven, 'I,d oJ
WITNESS ~}J
PRINT NAME
'lewt'i?f{.F
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
STATE,
By:
Directo
ADDRESS
TRANSPORTATION
District VII
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
this 3rd
day of
DIRECTOR
.t-'.......,j~a'Hi
instrument
, 199 4
for District
was acknowledged before me
, by T(pnnpt-h h H.-::\rrm.=:tnn
VII , who is personally known to
A~ ~JenL~[l~a~~on.
,
me sr ,. he hae
OF
The foregoing
,111np
PRODUCTION
PARCEL 109.04
~'J.
.......,..0.0., .1-
PRINT NAME [)f>"nn" r.. A 10<>\;"""( J f ., (;. "'\
Notary Public in and for ;j:~-t ,"'"0 /' :~,
County and State last afo;-Ois'il.ii-z;. '0 ""f
My Commission Expires :..::"?'!:) ~ ~.. \ ...( -::. r 0/ "-
, 1 if ' ..' ,. '.
Serl.a No., any: "or ".. , '. ..'~:<(. ./;:
-0,.>. ....:.-- ,.,
..'
,.,"'11,...1"
,
No\ary Public Slale 01 Florida alla~e
M1 Gommlssion Expires July 17, 1994.
PAGE 3
~-~"
'1
PINELLAS COUNTY FLA.
IPFF.REC.BK 8698 PG 1120
Rita Garvey
Mayor-commissioner
CITY OF CLEARWATER, FLORIDA
...,"r,
/
Attest:
By:
,'. .'"
STATE OF FLORIDA }
COUNTY OF PINELLAS }
"j
,";'~ 1;"
BEFORE ME persona 11y appeared Rita Garvey, the MaY9f~commissioner of the
above named City, who acknowledged that she ~Xecuted the foregoing
instrument. She is personally known to me and did ~take an oath.
WITNESS my hand and off:cial seal this ~ day of ~ 1~ ' 1994.
~ \ /J ~ ~~ "{;;"';""'" DENISEA.WILSON
, /)11 J:;J .J Cd ~6' , ' 1-'\ r:1'rA. ~:, MY COM, MIS,SION I CC 201408 EXPIRES
rlnt/Type Name: I D, 1,(00 ;,;,,~"""f Jun. 1B, 1996
,. t..'-- "~'i"..-."'rJ'.., BONDEOTHRU1ROVFA1NINSURAHCE.!NC.
Notary Publlc , '''''f..~..'
STATE OF FLORIDA }
COUNTY OF PINELLAS }
BEFORE ME personally appeared Elizabeth M. Deptula, the city Manager of the
above named city, who acknowledged that she executed the foregoing
instrument. She is personally known tome and did n take an oath.
WITNESS my hand and official seal this ~ day of , 1994.
otary Publlc
Print/Type Name:
lIt;':.".';.;?, ' DENISE A, WILSON
1'( @.'.,., MY COMMISSION I CC 201408 EXPIRES
~;.~:~I' June 18,1996
"'~,Hr;,~~if,," BONDED lHRIJ TROY FAIN INSURANCE. INC,
and correctness:
., City Attorney
~-r/ ,J/lftY;H'1
PARCEL 109.04
PAGE 4