SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 133.04
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INST II 9~-17~251;
JUN II;, 1991; 7:02PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 1178
This instrument prepar
und~r the direct 0 0
. Kenn'J'h G. Wing
Assistant GCC2iaJ Counsel
Department of Tra
11201 N. ~alcolm M ~in1ey
-Tampa, Florida 33612
by, or
PARCEL
WPI NO.
S.R. NO.:
. COUNTY
SECTION' :
133.04
7117045
55
PINELLAS
15150-2566
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.' ...FLORIDA DEI'T. OF TRANSPORTATION
'ATTN: 1\..1.5. 7-900, RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAMPA. FLORIDA 33612-6403
Legal Description
<f' Date: ;;<'/tl.3Ifl/
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10 SUBORDINATION OF CITY UTILI~> lNTERESTS
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THIS AGREEMENT, entered into this '~ day of Ju Y1.-e.. , 1994, 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.
WIT N E SSE T H:
WHEREAS, the City presently has an interest in certain lands that h'ave been
determined necessary for highway purposesj and
WHEREAS, the proposed use of these lands for highway purposes will require
subqrqination of the inter~st claimed in such lands by city to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the City1s facilities relocated if
necess~ry to prevent conflict betweeri the facilities so that the benefits of each may be
retained.
NOW, THEREFORE, in 'cons'ideration of the mutual covenants and promises of the parties
hereto, City and FDOT agree as follows:
city hereby 8ubordinat~s to the inte~est of- FDOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
That part of:
Commence at the northwest corner ~ the S.W. 1/4 of the N.W. 1/4 of Section 17, Township
29 South, Range 16 ~astt Pinellas1County, Florida and go S. 010-041-04" W., 125.02 feet,
along the west boundary of said S.W. 1/4 of the N.W. 1/4 of Section 17 (the centerline of
U.S. Highway No. 19 - State Road No. 55); thence N. 89"-54'-49" E., 280.02 feet, to the
Point of BegInning; thence N. 890-541-49" E., 235.63 feet; thence S. 000-52'-21" W., 554.70
teet; thence S. 890-46'-01" W., 409.42 feet, to a point on the east right-at-way line of
u.s. Highway No. 1~ - State -Road No. 55; thence N. 030-04'04" E., 213.19 feet, along said
east right-ot-way linej thence N. 01g-04'04" E.,-142.87 feet, along said east right-at-way
line; thence N. 89054'49" E., 164.43 feet; thence N. 010-04'-04" E., 200.00 feet to the
Point of Beginning. Containing 4.374 acres, 'more or less.
Lying within the ~ollowing described boundary, to-wit:
PART "A"
Commence at a railroad spike marking the Northeast corner of the Northwest 1/4 of Section
17, Township 29 South, Range 16 East, Pinel1~B County, Florida, run thence N.89056'49"W.,
a distance of 2689.93 feet along the North boundary of the Northwest 1/4 of said Section
PARCEL 133.04
PAGE,_l
KARLEEN F. DEBLAKER CLERK
RECORD VERI flED BY:' / ./7'('
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PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 1179
< .
This instrument pr~pared by, or
Under the directio f
. Kcnri,:~;~ G. Wing
Asslslani ~~,}:'i"l-aJ Counsel
Depar~ffl~nt of Tran~
17 to the NorthweQt carper thereof; thence -S~Ol003'_38"W., a distance of 2021.69 feet along
the West boundary of ~he Northwest 1/4 of said Section 17; thence S.88056'22"E., a distance
of 108.09 feet to tne East rignt-of-way line of u.s. #19 per D.O.T. Section 15150-2512 and
the POINT OF BEGINNING; tnence along said East right-of-way line, N.03003' 31"E., a distance
I of 171.50 feet; thence S.02037'26"W., a distance.6f 171.43 feet; thence S.89024'33"W" a
distance of 1.30 feet to the POINT OF BEGINNING.
Containing ll~ square feet, more or less.
ANO
PART "B"
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 2689.93 feet along the North boundary of the Northwest 1/4 of said Section
17 to the Northwest corner thereof; thence S.Olo03'38"W., a distance of 1663.78 feet along
the West boundary of the Northwest 1/4 of said Section 17; thenc~ S.88056'22"E.,1 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 POINT OF BEGINNING; thence N.89053'49"E., a distance of 5.01 feet to a curve; thence
SoutQe~ly, 131.68 feet along the arc of a curve to the left, having a radius of 7629.44
feet and a c~ntral angle of 00059'20" (chord bearing S.03014'22"W., 131.68 feet) to the
afores~id East r~ght-of-way line of U. s. #19;. thence along said right-of-way line,
N.01003'38"E., a distance of 131.48 feet t6 the POINT OF BEGINNING.
Containing 304 square feet, more or l~ss.
Parcel 133 containing 416 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO O.R.
BOOK/PAGE
QUICK FOODS, INC. 3787/11
CITY OF. CLEARWATER 3823/851
EASl'MENT
04/05/72
06/29/72
ANN P. BABCOCK
EASEMENT
QUICK FOODS,. INC
PROVIDED that the City has the following rights:
1. The City shall have the right to construct, operate, maintain, improve, add to,
~pgrade, 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 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 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
FDOT hereby agrees to pay the cost of such alteration, adjustment, or reloc~tion,
including, b~t not limited to the cost ~f acquiring appropriate easements.
PARCEL 133.04
PAGE 2
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}-'ll\iLLLh,:) l...UUI\l:J 11..........
,OFF.REC.BK 8698 PG 1180
This instrument pre~pre by,
Under the direction
KCr.rI:!:i G. Wfng
Assislanl C''' .. ,~. ,00_1
Department of Transp rtation
or
2. Notwithstanding any provisions set forth herein, the terms of the utility permits
~hall Bupers~de any contrary provisions, with"the exception of the provision herein
with reimburs~ment rights.
3. The City Bh~ll have a reasonable right to-enter upon the lands described herein for
the pu+posea outlined in Paragraph 1 above, including the right to trim such trees,
brush, and growth whi~h might endanger or interfere with Buch facilities, provided
that such rights do not interfere with the' operation and safety of the FOOT' B
facilities. .'
4. T~e city agrees to repair any damage to FDOT facilities and to indemnify the FDOT
against any loss or damage resulting f~om 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 qelivered in
the presence of:
~~~I
~~i~~S~E 5LCY~h J.W.,J~11
t~;--t- C0n~
WITNESS r2 \ L l
PRINT NAME_I.:;>7>/? ,( 1:"WHV\.'i'
o
NSPORTATION
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The
foregoing instrument
, 199 4
for District
was acknowledged before me
, by Kpnnpth ~ ~Mrrm~nn
VII " who is personally known to
Cll:l ';',JcuL':'fieat.':'o...
this
3rd
"Tl~n~
OF PRODUCTION
me or
. -:1=Is
h~-:
day of
DIRECTOR
el..uduced
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PRINT NAME Dp~nn.=. T 711 ~p~~n - ......:0.~
Notary .Public in and for-.the" ".' - ';. ,:~...
County and State last afot"'esaid~' l ;. ...
My Commission Expires: ' ;"I....l'
Serial No., it any:
N t Public state 01 Florida at Large
_M~ :O_on El\pires 'Uly ll, j,9!l4..
PARCEL 133.04
PAGE 3
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PINELLAS COUNTY FLA.
fFF.REC.BK 8698 PG 1181
Ri a Garvey
Mayor-Commissione
CITY OF CLEARWATER, FLORIDA
. . ""," '
BY:~#;~"'"
. zabe.. M. "~p.tula
ty.'Manager ...
. ( . ~.
Attest: :
Ir"
. 't
.,t'
'1111\11',.
STATE OF FLORIDA }
COUNTY OF PINELLAS }
BEFORE ME personally appeared Rita Garvey, the Mayor-commissioner of the
above named City, who acknowledged that she executed the foregoing
instrument. She is p.erson.allY known to m~ and did ~take an oath.
WITNES~ my hand and offi,cial seal this Jk. da~",,::,,~ / I/O ~1- I 1994.
~ ) /}~~ I~ l'#.Y"...."i,.., DENISEA.~llSON
!YI 1.. N U_ A . I . t I t:,~ d MY COMM:SSION K CC 20HIIa EXPIRES
rint/Type Name: JI (S()~ '''i:.i'i.,4~~~ BOHDEDTl<A:~~y1:;,;:;s6uRAIiC,.11iC
Notary Public ..
STATE OF FLORIDA }
COUNTY OF PINELLAS }
J.
otary Public
Print/Type Name:
appeared Elizabeth M. Deptula, the city Manager of the
who acknowledged that she executed the foregoing
personally known to me and did nO}n~ake an oath.
official seal this -1ia day of jjJ/LI j- I 1994.
U
4?'~';'"'?;,'" DENISE A, WilSON
b' @."d MY COMMISSION K CO 201'08 EXPIRES
.__-;"~'.s>: June1B,1996
<-I.('i:::i;;'t:.," BONDED THRU TROY FAIN INSURANCE,INC.
BEFO~E ME personally
above named City,
instrument. She is
WITNESS my hand and
and correctness:
Ifhn
., City A~torney
C/, I/) fe v, ".r,
PARCEL 133.04
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