SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 800.04 (2)
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JUN 14,
1194-171;:255
1991; 7:02PM
I PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 1182
This instrument prepare
under the directio 0
Kennelh G, Wing
Assistant General Course I
Department of Tran portation
11201 N. Malcolm M Kinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION
800.04
7117045
55
PINELLAS
15150-2566
'''''-:Ul~N
:c-: FLORIDA DEPT. OF TRANSPORTATION
ATTN: M.S. 7-900, RIGHT OF WAY
MARlA CARMEN HERNANDEZ
JI20] N. MALCOLM MCKINLEY DR
-TAMPA, FLORIDA 33612-6403
Legal DeBcr~tion
Date: S/g; ?'Y'
APpro~~~.~~
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~ SUBORDINATION OF CITY UTILITY INTERESTS
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THIS AGREEMENT, entered into this -3 day of JUl"e ,199jt, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the CITY
OF CLEARWATER , a municipal corporation, hereinafter called City.
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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 FOOT; 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 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:
,
Lot 1, CLEARWATER "19" C!'Jl':1ERCE PARK, according to plat thereof recorded in Plat Book 95,
page 1, Public Records at Pinel~as County, Florida, lying in Section 8, Township 29 South,
Ran~e 16 East, Pinellasjcounty, Florida.
Lying within the following described boundary, to-wit:
Commence at a pinellas County Engineering Department concrete monument with nail & disk
marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range
16 East, Pinellas County, Florida, run th~nce N.89030'59nW., a distance of 2714.71 feet
along the North boundary of the Southwest- 1/4 of said Section 8, to the Northwest corner
of the Southwest 1/4 of said Section 8; thence S.Ooo54'SQ"W., & distance of 1350.20 feet
alon9 the West boundary of the Southwest 1/4 of said Section 8; thence S.S9044'lS"E., a
PARCEL 800.04
PAGE 1
KARLEEN F. DEBLAKER, CLERK
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RECORD VERIFIED BY: ~_-/);<
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PINELLAS CUUNTY FLA.
OFF.REC.BK 8698 PG 1183
This instrument prepare by, or
Under the direction of
Kennel!1 G. 'Ninq
Assislanl Cc."neL.~:.~i Cc:" ~.'7,~.
Department of Trans
distance of 99,68 feet to a point on the East right-ot-way line of U.S. #19, and the
Southwest corner of Lot 2, CLEARWATER" 19" COMMERCE PARK, according to map or plat thereof,
recorded in Plat Book 95, Page 1, of the Public Records of Pinellas County, Florida; thence
along the South boundary of said Lots 1 and 2, S.89044'18"E., a diBtanc~ of 580.34 f~~t;
thence N.Olo56'31"W., a distance of 10.33 feet t6 the POINT OF BEGINNING; thence continue
N.oio56'31"W., a distance of 20.02 feet; thence S.8900S'04"E., a distance of 36.00 feet;
thence S.OQo54'56"W., a distance of 20.00 feet; thence N.8900S'04"W., a distance of 35.00
feet to.the POINT OF BEGINNING.
containing 710 square feet, more or less.
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 12/13/82 FRANK C. KUNNEN, CITY OF CLEARWATER 5458/245
JR.
EASEMENT 12/20/85 FRANK C. KUNNEN, CITY OF CLEARWATER PLAT BOOK
JR. 95, Page 1
PROVIDED that the City has the following rights:.
1.
'.
The C~ty 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 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 FDOT. 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
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 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 reasonablB 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 FDOT facilities and to indemnify the FDOT
against any loss or damage resulting from the City exercising its rights outlined
in Paragraphs 1 and 3 above.
PARCEL 800.04
PAGE 2
I
PINELLAS COUNTY FLA.
. OFF.REC.BK 8698 PG 1181;
This instrument pre ware by,
Und~~ the directio
Kennel11 G, Wing
AS5istanl Goneral COU'^'St::1
Department of Trans rtation
or
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:
STATE OF
NSPORTATION
WITNESS
PRINT NAME
1!:. /,. \I\,LvL/
WITNESS '
PRINT NAME_[;c)h L, Clf't1'\ftt')
of Production for Distrlc VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
OF
The foregoing
June
PRODUCTION
instrument
, 199 4
for District
was acknowledged before me
, by Kenneth A. Hartmann
VIr , who is personally known to
a3 ia~n~;~iQ~ti~n
this
3rd
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,
me OL nho 1.....'" .t'....8~.\:i.e~d
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PRINT NAME Deanna r.. Ar~iktrJ,fi I1r r;jl": ,'.''f
Notary Pub 1 ic in and 'f,?:!:, 1011;',., -...... ,!( f
County and State last .af6.;ef9a..i.tl ~.':.,'t:-'~' "..........
My Commiss ion Expires: ' . .....\~,'
Serial No., if any: '..:0"'':'' .l'~',~,"> ..
day of
DIRECTOR
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Notll1Y Public SI,le 01 Florida ,I large
My Commission ExpUes July 17, 1994.
PARCEL 800.04
PAGE 3
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PINELLAS COUNTY FLA.
fFF.REC.BK 8698 PG 1185
Rita Garv y
Mayor~Commissioner
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CITY OF ~LEA~bTER, FLORIDA
.. . Ir{
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STATE OF FLORIDA }
COUNTY OF PINELLAS }
Attest :.,
D~Bt~la
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By:
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 ~e and did n~take an oath.
WITNESS ,my hand and off~~ial seal this ~ day of ~Ll~ ' 1994.
M,{Mf! l(!:ri.~!&4'fJ:iL u ~ ~-:''::(i:ili':~
Notary Publ ic "~f,[jf.;f.%'" bONDEOl1-l!'ltlTP.\lV~~,lll!:'...oI~;.'
STATE OF FLORIDA }
COUNTY OF PINELLAS }
BEFORE ME personally
above named City,
instrument. She is
appeared Elizabeth
who acknowledged
personally known to
M. Deptula, the city Manager of the
that she executed the foregoing
me and did no take an oath.
WITNESS my hand and
seal this'& day of
1994.
Notary Public
Print/Type Name:
ttJ
,.p.,'i~?t:,. DENISE A, WILSON
h' 4 \.j MY COMMISSJDN K CC 201408 EXPIRES
":.:....~&:e": June 18 1996
.,~'(,.~'f..rJ"" bONDED THRU TROY fAIN INSURAHCE,INC.
/I- fa. r1
m and correctness:
., city Attorney
In-fe r { ;Y/
PARCEL 800.04
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