SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 132.02
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INST II 9~-171;253
I JUN 11;, 199~ 7:02PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 117~
Th.is.inst.rum. s.nt. p. r.~pareEbY' or
under tR~nnq~l'f~M~ of
As::;is!:3ni. :~:<:-:;-=-:"J.I Cour,ssl
Department of Transport ion
11~01 ~. Malcolm McKinleY Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
132.02
7.117045
55
PINELLAS
15150-2566
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FLonlDA DEI'T. OF TRANSPORTATION
ATTN, M.S, 7-900,RIGllT 01' WAY
MARlA CARMEN llERNANDEZ
11101 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33611-6403
Legal Description APproved~~
Date: /;;'/;;<7/P3 By:' _____
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SUBORDINATION OF CITY UTILITY INTERESTS
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THIS AGREEMENT, entered into this ~ day of ,Tu>,,'" ,199.1:., 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 S. SET H:
WHEREAS, the City presently has an interest in certain lands that have been
det~rrnined nec~ssary 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
neces~ary 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 ~s 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:
All that tract or parcel of land .lying and being in the SoutO ~at 1/4 of the Northwest 1/4
of Section 17, Township ~9 South, Range 16 East of Pinellas.~~~nty, Florida and being more
particu+arly d~scribed as follows:
To find the TRUE POINT OF BEGINNING, Begin at the southwest corner of the Northwest 1/4
of Section 17, Township 29 South, Range 16 East, thence N. 1 deg. 03' 04" E. 660.07 feet
along the West section line to a point; thence .N. 89 deg. 44' 28n E., 108.05 feet to a iron
pin found and the TRUE POINT OF BEGINNING. From the POINT OF BEGINNING thus established,
run thence N. 89 deg. 44' '28" E., 607.86 feet to an iron pin found; thence S. 1 deg. 03'
04" W 204.79 feet to a point, (said point being located N. 1 deg. 03' 04" E. 395.00 feet
from an iron pin found on the Northerly right~of-way of State Road 160); thence S. 89 deg.
44' 28" W. 614.89 feet to a point on the Easterly right-of-way of U.S. Highway 119; thence
N. 3 deg. 00' 53" E. 205.07 feet along the Easterly right-Of-way of U.S. Highway #19 to
an iron pin found and the POINT OF BEGINNING.
PARCEL 132.02
PAGE 1
KARLEEN .F. DEBLAKER, CLERK
RECORD VERIfIED flY'",c'
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PINELLAS COUNTY FLA.
IOFF.REC.BK 8698 PG 1175
This instrument prepared~' . r
Und"r the ffiect.i"'!!i'il'f
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Depar~:~I:'~ "T~~~~~~~~~ on
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.89D56'49nw~,
.. distance of 2669.93 feet along the North boundary of ths Northwsst 1/4 of said section
17 to the Northwest corner thereof; thence S.01"03'36"W., a distance of 2021.69 feet along
the West boundary of the Northwest 1/4 of said Section 17; thenceS.66"56'22"E., a distance
of 106.09 feet to the existing East right-of-way line of U.S. 119 per D.O.T. section
.15150-2512 and the POINT OF BEGINNING; thence N.69"24'33"E., a distancs of 1.30 feetl
thences.02037'26"W., a distance of 205.03 feetl thence S.69024'33"W., a distance of 2.66
feet to ths aforesaid East right-of-way line of U.S. 119; thence along said right-of-way
line, N.03003'31"E., .. distance of 205.12 feet to the POINT OF BEGINNING.
Containing 427 square feet, more or les8.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM TO
O.R.
BOOK/PAGE
2471/713
EASE/lENT
09/27/66
CLEARWATER FEDERAL CITY OF CLEARWATER
SAVINGS AND LOAN
ASSOCIATION
PROVIDED that the City has the following rights:
1. The City 8h~11 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
~s required by the FOOT, Utility Accommodation Manual in effect at the time the
ag~eement is ~xecuted. Any new construction or relocation of facilities within the
lands will be subject to prior approval by the FDOT. Should the FDOT fail to
approve any new con~truction or relocation of facilities by the city or require the
city to alter, ~djust, or r~locate its facilities located within said lands, -the
FDOT hereby agrees to pay the coat 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 r~imbursement rights.
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
that such rights do not interfere with the operation and safety of the FDOT' s
facilities.
4. The City agrees to :;epair any damage to. FDOT facilities and to indemnify the FOOT
against any 10s8 or damage resulting from the ~ity exercising ita rights outlined
PARCEL 132.02
PAGE 2
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PINELLAS COUNTY FLA.
IOFF.REC,BK 8698 PG 1176
Thi.. in.trume. n..t.prep&reEd. Py, or
Under thec~~re~u~~ of
Ke,.,.. .. ',' .,1 .......ounse\
Assistant :.:,., -' J.' v
Department of Transport ion
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
eo" 5C""~
WITNESS . "
''''~~,;;J.1Jl
WITNESS 1'( .
PRINT NAME-y' il h L- v PW1eQl.<;
TRANSPORTArION
District VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
OF
The foregoing instrument was acknowledged before me this
June , 199 4 ,by Kenneth A. Hartmann
PRODUCTION for District VII , who is personally known to me~r
al:li ~J~I.t.ifi<;At iSR.
3rd
day of
DIRECTOR
pr",v~;1""?~
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. PRINT NAME Deanna L. Alderrkn 1" .. ~ '. ' :
Notary Public in and for;. ~1j'lt;,er(lr -...;) ,r",v':
County and State last afyr","eaid'i ~ '[I c', g
My Commies ion Expires: 1-;. "..- ". . \J I.: ..~~ '$"
- ........6 ~
Serial No., if any: -~ '.. ,., .,,:"5.\,.........."
P bl' Slate 01 rlorlda a\ \.arg~: '''u:,~;.'".,~._..~:.
NDlary U Ie . 11 1994."
.!<Ii' commlsSioq Exjlueo lull .~ . c.. ., "' ,
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PARCEL 132.02
PAGE 3
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PINELLAS COUNTY FLA.
IOFF.REC.BK 8698 PG 1177
CITY OF CLEARWATE~~ FLORIDA
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BY:~4?a .....';.,
E zab~M."~eptula
ty Milnag'er7{;," ; ,
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: "::/'--' I r ~ ~ f":,!"
Att st. - . ,/'{ . J.'hc-
. . (J .~\. //1, "':.~..li:.:").'
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STATE OF FLORIDA }
COUNTY OF PINELLAS }
"Id'''-
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the
above named City, who acknowledged that she executed the foregoing
instrument. She is personally known to me and did n take an oath.
WITNESS my hand and official seal this /~ day of , 1994.
~ a J4 . ..{;;.,:i:"-", DENISEA. WILSON
, ) ~ ~ i f.f-'&~:1 MY COMMiSSION N CC 201406 EXPIR.E
_ _ 1. ~..~ .'~~ June 16, 1996
P>rint/Type Nam :~1l .J) '.' '!C:O&(~l' BD""DTHA\JT1\OVf"HlHSURAHCE,INC
Notary Public .
STATE OF FLORIDA }
COUNTY OF PINELLAS }
o ary 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 n~take an oath.
official seal this Jk d~~" of '-/JJf1 j j/ I 1994.
,,"~,". '.',t. DENISE A W~ON
f:~'"J5~ .<.~ MY COMMlSSION fI CC 201406 EXPIRES
,\ ~:.~,:,;'J June1a,1996
U "~;r.:.~f.,i;,}'J."'- BONOEDTHAUTAOV fAIN It.'SURANCE.INC.
BEFORE ME personally
above named City,
instrument. She is
WITNESS my hand and
Appr
and correctness:
;;-/&11 $,
, City AICtorney
C I :r r'lTer" m
PARCEL 132.02
PAGE 4