SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 130.03
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INS'!' 1191;-174251
I JUN H, 1994 7:02PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 1166
.This in.s..t.r. um.ent. prepa~rb , or
under the direction 0
1(':;".:" '" "'. ':'':i.-;Q
Dep~~~~;~~t' of :~ri.~iHn~~ ation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO. I
S.R. NO.:
COUNTY
SECTION
130.03
7117045
55
PINELLAS
15150-2566
~ORN 'IU.
Legal DeBcri~ti9n Approved:~// 7/ Av.? /./~
Date: ;,. / 6..~/9' ~ By: ///.&/~~/b
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J<'LOIUDA DEPT. OF TRANSPORTATJON
ATTN: M.S. 7-900, JUGHT OF WA\'
MAmA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY IHl
TAMPA, FLORIDA 33612-6403
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~.: ~ ~ ~ (fJ t:: t'J ~~ 1, ~,'il.';.' t~,~. ~ ~~; ..... J SUBORDINATION OF CITY UTILITY INTERES'.l'S
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THIS AGREEMENT, entered into this l day of JvY\e. , 199~, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY
OF CLEARWATER , a municipal corporation, hereinafter called City.
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WIT N E SSE T S:
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 requir~
subordination of the: .j.nterest 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
nece~sary to prevent conflict.between the ~acilities 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 fOOT agree as follows:
City hereby subordipate~ to the interest of FOOT, its successors, or assigns, any
and all of ita interest in th~ lands' as follows, viz:
That part of:
The We~t 200 feet of the South 325 feet of the West 716 feet of the South 660 feet of the
Southwest 1/4 of the Northwest 1/4 of Section 17, Township 29 S, Range 16 E; LESS rights-
of-way of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard), and the easement to
the Florida Gas Company.
Being further described as follows: From the Southwest corner of the Southwest 1/4 of the
Northwt?st 1/4 of Section 17, Township 29 5, Range 16 E, run North 89047'04" East, along
the east-west centerline of said Section 17, also being the centerline of state Road 60
(Gulf to Bay Bouleviird) 300.05 feet; thence North 01'03'04" East, 60.01 ft. to a Point of
Beginning, run thence South 89G47'04" West, along the Northerly right-at-way line of the
said State Road 60, 111.14 feet; thence along the Easterly right-Of-way line of the said
U.S. Highway 19 the following four (4) calls: North 44'34'44" West, 113.B8 feet; North
08'04'44" West, 34.56 feet; North 01'19'26" West, 48.26 feet; North 01'03'04" East, 161.14
feet; thence North 89'47'04" East, 200.05 feet; thence South 01'03'04" West, 325.08 feet
PARCEL, 130.03 .
PAGE 1
KARLEEN F. DEBLAKER, CLERK
RECORD VERIPTFT1 R'" //./'
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L\:~. -03 ('1)
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PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 1167
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This instrument prepared by, or
un~~:;lr~e dire':~~Jo~Jf 11/
De;;~~~~~t Of~~;~'~~~~ion
to the Point of Beginning.
Lying within the following deecribed boundary, to-wit:
Commence at a railroad spike marking the Northe~at corner of the Northwest 1/4 of Section
17, Township 29 south, Range 16 East, Pinellas/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
17 to the Northwest corner thereof; thence S.Olo03'38"W., a distance of 2297.33 feet along
the West boundary of the Northwest 1/4 of said Section 17; thence S.88056'22"E., a distance
of 100.00 feet to the existing Eaet right-of-way line of u.s. #19 per D.O.T. Section
151S0-2S12 and the POINT OF BEGINNING; thence N.S9"02'OO"E.,.~ distance of 2.70 feet to
a curvel thence ~outherly, 59.87 feet along the arc of a curve to the left, having a radius
of 2255.90 feet and a central angle of 01"31'14" (chord bearing S.00oIS'S3"W., 59.87 feet)
to a point of tangency; thence S.OQo26'44"E., a distance of 8.74 feet; thence N.88056'22"W.
3.71 feet to the aforesaid East right-of-way line of U. s. #19; thence along said
right-of-way line, N.Ol"03'3S"E., a distance of 68.51 feet to the POINT OF BEGINNING.
Containing 208 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM.
TO O.R.
BOOK/PAGE
CITY OF CLEARWATER 2471/713
EASEMENT
09/27/66
CLEARWATER FEDERAL
SAVINGS. AND LOAN
ASSOCIATION
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, and upon the lands described
herein in accordance with the FOOT'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 FDOT. 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 ~uch 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 reLmbursement 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 FOOT's
PARCEL 130.03
PAGE 2
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PINELLAS COUNTY FLA.
IOFF.REC.BK 8698 PG 1168
This instrument prepa~e b, or
Under the direction 0
I(~~~ , ;-1
P,:::~js:~I' . , : ~,L -t~:-!
Department of Transport tion
facilities.
4. The city agrees to repair any damage to FOOT facilities and to indemnify the FOOT
against any loes 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:
ADDRESS
11201 N. MALCOLM McKINLEY Dr.'
TAMPA FL 33612
WITNESS
PRINT NAME
f?> 0 \:J
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing instrument was acknowledged before me this
June , 1994 , by Kenneth A. Hartmann
OF PRODUCTION for District VII ,who is personally known to me OI
as .;...d.li:::uLlf..:........,.,lisR
3rd
day of
DIRECTOR
prod......od
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PRINT NAME Deanna L. Alde~~' ~ : ,
Notary Public. in and }o't'<:"i ,e i'..!. C p"" /
County and State last.- at-ol1e:!rilid. .:-. f .~
My corrunission Expires: "-," "~...; ;,... ...... ...; "<.....~ ~,..,.~.
Seria.l No., if any: ' . ..".:."
"ably Public Slale of Florid. al L.rgn
#y Commlsslllli Expires July lZi ~994.
PARCEL 130.03
PAGE 3
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PINELLAS COUNTY FLA.
IOFF.REC.BK 8698 PG 1169
lta Garvey
Mayor-Commissioner
CITY OF CLE~W~rER, FLORIDA
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Attest:
By:
STATE OF FLORIDA }
COUNTY OF PINELLAS }
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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 no tak~ an oath..
official seal this /h day of
I#-~'~rt\ DEN/SE A. WilSON
" ):1 MY COMMISSION Kee 201408 ~'II1~s
1 '.,. '~l June 18. 1PP6
'."r.,f';o.~" !lOHoeD Tl!RU TRoY FAIN lH#U,""'ca, INt.
1994.
Print/Type Name:
Notary Public
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 no take an oath.
WITNESS my hand and official seal this ~ day of 1994.
o ary Public
Print/Type Name:
....,~:.\:,;;;;"_, DENISE A. WI[ DN
[:f'bt\ MY COMMISSION H ee 201408 EXPIRES
iJ ~"~'~:;": June 1S, 1996
',Ii Or 'r-,(,." BONDED THRU TROY FAIN INSURANCE. INC.
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d correctness:
1//&11 5,
., City Attorney
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PARCEL 13 0.03
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