SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 102.02
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J INST II 94-174237
JUN 14, 1994 6:59PM
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PINELLAS COUNTY FLA.
OFF.REC,BK 8698PG 1099
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This instrument prepare by, or
under the directio f
Kennelh G, Wing
Assistanl General Counsel
Department of Tran ortation
11201 N. Malcolm Mcltinley Orive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
102.02
7117045
55
PINELLAS
15150-2566
Legal Description
Date: '/;2./;2.? I{/.)
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RETURN
APpro~;~~~yI~
1 V. FLORIDA DEPT, OF TRANSPORTATION
ATTN: M_S_ 7-900. RIGUT OF WAY
MARIA CARMEN HERNANDEZ
lJ20l N, MALCOLM MCKINLEY DR.
TAMPA, FLOIUDA 3361246403
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f-I .,' "I SUBORDINATION Of' CITY UTILITY INTl!:Ri!:STS
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THIS AGREEMENT, entered into this ~ day.of June ,199i." by and between,the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the CITY
OF CLEARWATER , a municipal corporat~onr hereinafter calied City.
WIT N E S ~ E 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 c~aimed in such lands by City to the FOOT; and
WHEREAS, the FDOT is willing to pay to have the City's facilities relocated if
necessary to prevent conflict between the facilities BO 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:
That part of:
A tract of land/lying within the Northwest 1/4 of Section 17, Township 29 South, Range 16
East, Pinellas'County, Florida, and being more particularly described as follows:
Commence at the center of said Section 17, also being the point of intersection of _the
centerline of Gulf-to-Bay. (SR 60) and Hampton Road (CR 144); thence south 89 deg. 46'01"
West along the South line of said Northwest 1/4 and the centerline of Gulf-to-Bay Blvd.,
for 2037.78 feet; thence North 00 deg. 13'59" West, for 60.00 feet to a point on the North
right-of-way line of said Gu1f-to-Bay Blvd.; thence North 01 deg. 04'04" East, for 599.99
feet; thence South 89 deg. 46'01" West, for 198.43 feet; thence North 00 deg. ~2'21" Ea~t,
for 134.00 feet to the POINT OF BEGINNING; thence continue North 00 deg. .52'21" East, for
420.70 feet; thence South 89 deg. 54'49" West, for 400.06 feet; thence North 01 deg. 04'04"
East, for 28.15 feet to a point of curvature of a curve concave to the East; thence
Northerly along the arc of said curve, having a radius of 192.00 feet, a central angle of
PARCEL 102.02
KA~LEEN F. DEBLAKER,
CLERK
PAGE 1
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I
I PINELLAS COUNTY FLA.
.OFF.REC,BK 8698 ,PG1100
This, instrument prePwred y, or
Under the directiol
Kenneth G. Wing
Assistant Generat Counsel
Department of Trans ortation
21 deg. 43'54", an arc length of 72.82 feet, and a chord bearing North 11 deg. 56'04" East,
for 72.39 feet to a point of tangency; thence North 22 deg. 47'58;' East, for 1L93 feet
to a point of curvature of a curve concave to' the Northweat;"thence Northeasterly along
the arc of said curve, having a radius bf 238.00 teet, a central angle of 03 deg. 53"02~1
an arc lBngth of 16.13 feet and a chord bearing Iforth 20 deg. 51'27" East, for 16.13 feet;
thence Iforth 89 deg. 54'49" East, for 93L 70 feet; thence South 00 deg. 05'11" East" for
171.67 feet; thence South 47 deg. 00'00" West, for 140.00 feetl thence South 10deg. 00'00"
East, for 54.00 feet; thence South 45 deg. 00'00" West, for 318.43 feet; thence South 89
deg. 46'01" West, for 245.99 feet to the POIIfT OF BEGINNIIfG.
Lying within the following described boundary, to-wit.
Commence at a railroad spike marking the Northeast corner of the Northwest 1/4 of Section
17, Township 29 South, Range 16 East, Pinellas County" Florida, run thence N.890S6',49"W.,
a distance of 2,689.93 feet along the North boundary of the Iforthwest 1/4 of said Section
17 to the Northwest corner thereof; thence S.Olo03'38"W., a distance of 1463.78 feet along
the, West boundary of the Iforthwest 1/4 of said Section 17 ; thence S. 880 56' 22 "E'i a distance
of 115.59 feet to the East right-of-way line of U.S. #19 per D.O,T. section 15150-2512 and
the POIIfT OF BEGIIfIfING; thence along said right-of-way line the following four (4) courses.
1) If.Olo03'38"E" a distance of 28.12 feet to a point of curvature; 2) Northerly, 72.83
feet along the arc of a curve to the right, having a radius of 192.00 feet and a cehtral
angle of 21"43'56" (chord bearing 1f.11055'36"E.. 72.39 feet); 3)1f.22'47'33"E., a distance
of 11.93,feet to a point of curvature; 4) Northeasterly, 5.68 feet alo~g the arc ,of a-curve
to the left, having a radius of 238.00 feet and a central angle. of 01022'05" (chord bearing
N.22006'30"E.i 5.68 feet) to a curve; thence Southerly, 115.37 feet along the arc of a
curve to the right, having a radius of 7649.44 feet and a central angle of 00051'51" (chbrd
bearing S.0302l'30"W., 115.37 feet); thence S.89053'49"W., a distance Of 15.48 feet to'the
POINT OF BEGIIfIfIIfG.
Containing 1,475 square feet, more or les8.
RECORDED
IfATURE OF DATE FROM TO O.R.
ENCUMBRAIfCE BOOK/PAGE
EASEMENT 10/01/86 M.D.C.ASSOCIATES, CITY OF CLEARWATER 6366/1058
8lA, LTD, a
Georgia limited
partne-rship
EASEMEIfT 10/05/89 METROPOLITAN LIFE CITY OF CLEARWATER 7109/1055
INSURANCE COMPANY
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, ahd upon the lands described
PARCEL 102.02
PAGE 2
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J
I PINELLAS COUNTY FLA.
OFF,REC.BK 8698 PG 1101
This instrument preQ2are by,
Unde~ the direction
, Kenneth G, Wing
Asslslanl G",s;,,1 Counsel
Department of Trans rtation
or
herein in accordance with the FDOT~B current minimum standards for such facilities
as "required by the FOOT, 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 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 aIt_eration, 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 ~ights.
3. 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,
brush, and growth which might endanger'or interfere with such facilities, provided
th~t 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.
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence of:
~~,I,UII
WITNESS ~ 1 I
PRINT )fAllf 5-fevc.. J. ,-,d0e-
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WITNESS . 17 \ /' l
PRINT NAME DDh L. ~ Pi'Y1el'\.5
SPORTATION
VII
ADORESS
11201 N. MALCOLM McKINLEY Or.
TAMPA FL 33612
PARCEL 102.02
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I PINELLAS COUNTY FLA.
OFF,REC,BK 8698 PG 1102
Thfs instrument prepared by, or
Under the directiony!!!'
' Kennelh G, Wing
Ass/slanl General Counsel
Department of Transp rtation
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing
June
OF PRODUCTION for
was acknowledged before me
, by Kenneth A. Hartmann
VII ,who is personally known to
inll:lon+-~~i("atiQR
thiS
3rd
day of
DIRECTOR
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me 01:
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PRINT NAME nio.;:r,nri.=. T hlrl~rm.::lq~,,- "..~t~:._
Notary .Public in and for ._t!:\~" ",? . . f.;-- ~ \~: ~_'
County and. s~ate ~ast _ af~rS~9fd .c,'o~ ~.r (-..,~ .:1 ~.
My CommiBe~on Exp~res: -::: ~~.. ~/~ -.).. ~~ ::
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Notary Public State of florida at larg'e';' i . . "'t:'ltfllhi"l<
My Commission Expires July ll. 1994~ '
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IN WITNESS WHEREOF, the said grantor has caused these presehts to be executed ih its
name by its Board of City Commissioners acting by the Chairperson or Vice-Chairperson of
said Board, the day and year aforesaid.
T:
CITY OF CLEARWATER , Florida,
By Ita city Council
PRINT
(or Depu
By:
Its Chairperson (or Vice-Chairperson)
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ADDRESS
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PARCEL -102.02
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I PINELLAS COUNTY FLA.
~FF.REC,.BK 8698 PG 1103
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Rita Garvey
Mayor-Commissione
CITY OF CLEARWATER, ,FLORIDA
By:
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STATE OF FLORIDA }
COUNTY OF PINELLAS }
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Attest;, . . ,(' v.' (. ,-. II,'.' :
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erk
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BEFORE ME personally appeared Rita Garvey, the'. Mayor-Commissioner of the
above named City, who acknowledged that she executed the fore~oing
instrument. She is personally known to me and did,n ~ take an oath.
WITNESS my ,hand and official seal this l.h day of , 1994.
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Print/Type Namd/(i )kf. ~J J'r'" VT/.\oD
Notary Public '
ll>)';f,':'!Y?:;.< DENISE A. SON
!./'rhl.\,.j MY COMMISSION N CC 201408 EXPI~Ea
~~"~'~:;': June 18, 199El
.:I.(~f..f,-~"', BONDEO THRU TROY FAIN msulWrol, '/rIO,
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 I
instrument. She is personally known to me and did n take an oath.
WITNESS my hand and official seal this ~ day of
1994.
,'-t.I';f,"~?i-,- , ,OENISE A. WILSON
, h "j MY COMMISSION N co 2014,08 EXPI~ES
II 1 ..5)-" . .~.~ June 18. 1996
If.-J ~'~,lfr:,~'<f,.," ecHOED llRI TROY FAIN JJ'oIWIWrI~, lNe,
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" City Attorney
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PARCEL 102.02
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