SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 806.05
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This instrument prepared by, or
under the direction of ~
f(~'''' ."">....
Departm:~~i;~fTn~S~:~j~~fo ,
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION
I 806.05
7117045
55
PINELLAS
15150-2566
PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PC 1195
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Legal Description Approved: ~n(~ .
Date: /:J.,/"'-~/Y'J By:/",. ;/"fi//.
FLORIDA DEPT. OF TRANSPORTATION'
ATTN, M.S. 7.900, RIGHT or WAY
MARIA CARMEN HERNANDEZ
11201 N, MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
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",">\ I \ 'I '\ I 'I 1:1).1 '^\ C\ INS T It 94 - 1 7 4 2 5 8
~ "1 I ~l \}IY' JUN 14, 1994 7:05PM
~ ~ -I I i I ~I SUBORDINATION OP'CITY UTILITY INTERESTS
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THIS AGREEMENT, entered into this ..2..- day of Jo../2. ,199.4., by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the CITY
OF CLEARWATER 1 a municipal corporation, hereinafter called city.
WIT N E SSE T HI
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purpoBes~ 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 FOOT is willing to pay t'o 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 covenahts 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:
The Southwest 1/4 (SW1/4) of the Southwest 1/4 (SW1JK4 of Section 8, Township 29 South,
Range 16 East, LESS AND EXCEPT THE Right of Way of U. . 19 over the West 100 feet thereof,
situate, lying and being in the County of pinel las, state of Florida.
LESS:
Begin at Southwest corner of Sec. 8, To~nBhip 29 5, Range i6 E and run thence S 89056'22"
E along the South line of Section 8, 100.00 feet to a'point on the East right of way line
of U.S. Highway 19; thence N 00054'41" E, along said East right of way line 50.01 feet to
a point on the North right of way line of Drew Street; thence S 89056' 22" E along said
North right of way line 600.00 feet for a P.O.B.; thence N 00054'41" E, 1,297.64 feet;
PARCEL 806.05
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY:
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Thi. in.tru.ment prepared VO
Under the ,ll'inction, 'of
A:. ~. ' " . ,1;-::::' '~',~
Department of Transportation
PINELLAS COUNTY FLA
OFF.REC.BK 8698 PC 1196.
thence S 89044'11" E, 651.31 feet; thence S 01010'48" W, 1,295.44 feet to a point on the
North right of way line of Drew street; thence N 89056'22" W along said North right of way
line 645.27 feet to P.O.B.
Containing 19.29 acres more or less.
LESS:
Begin at Southwest corner of Sec. 8, Township 29 S, Range 16 E and run thence,S 89056'22"
E along the South line of said section 8, 100.00 feet to a point on the East right of way
line of U.S. Highway 19; thence N 00054'41" E, along said East right of way line 50.01 feet
to a point on the North right of way line of Drew Street; thence S 89056'22" E along said
North right of way line 580.00 feet for a.P.O.B.; the,nce NOooS4'.41" E, 1,297.71 feet;
thence S 89044' 11" E, 20.00 feet; thence S 01" 10' 48" W, 1,297.64 feet to a point on the
North right of way line of Drew Street; thence N 89056'22" W along said North right of way
line 20.00 feet to P.O.B.
containing 0.60 acres more or lesa.
LESS:
Beginning from the Southwest corner of 'section 8, Township 29 South, Range 16 East, also
the point of intersection of centerlines of rights-of-way for U.S. 19 and Drew Street, run
thence along the ,centerline of Drew street, South 89 deg_ 56'22" East" 100.00 feett thence
North 0 deg. 54'41" East, 50.01 feet to the intersection of the Easterly right-of-way line
of U.s. 19 and the Northerly rightB~of-way line of said Drew street; 'run thence along the
said Northerly right-of-way line of Drew Street, South 89 deg. 56'22" .East, 340.00 feet
for a Point of Beginning 12; thence proceed North 0 deg. 03'38" )'ast, 60.00 feet; thence
North 0 deg. 54'41" East, 1238.56 feet; thence South 89 deg.44'll" East, 240.88 feet;
thence South 0 deg. 54'41" West, 1147.71 feet; thence North 89 deg. 56'22" West, 125.00
feet; thence South 00 deg. 54'41" West, 150.00 feet to the said Northerly right-of-way line'
of Drew Street, thence along the said right-of-way line North 89 deg. 56'22" West, 115.00
feet to the Point of Beginning #2.
LESS:
Beginning from the Southwest corner of Section 8, Township 29 South, Range 16 East, also
the point of intersection of centerlines of rights-af-way for U.s. 19 and Drew street, run
thence along the centerline of Drew Street, South 89 deg. 56'22" East, 100.00 feet; thence
North 0 deg. 54'41" East, 50.01 feet to the intersection of the Easterly right-of-way line
of u~s~ 19 and the Northerly rights-ot-way line pf said Drew Street; .ruh thence along the
said Northerly right-of-way line of Drew Street, South 89 deg. .56'22" East, 340.00 feet;
thence proceed North 0 deg. 03'38" East, 60.00 feet; thence North 0 deg. 54'41" East,
501.45 feet to Point of Beginning 11.
From said Point of Beginning #1 proceed North 89 deg. 56'22" West, 299.12 feet; thence
North 0 deg. 54'41" East, 210.00 feet; thence North 89 deg. 56'22" West, 40.00 feet to the
Easterly right-of-way of U.S. 19; thence along said Easterly right-of-way line North 0 deg.
54'41" East, 528.31 feet; thence South 89 deg. 44'11" East, 339.10 feet; thence South 0
deg .54' 41" West, 737.11 feet to the Point of Beginning #1.
LESS:
Beginning from the Southwest corner of the said Section S, Township 29 South, Range 16
East, also the point of intersection of .centerlines of rights-at-way for u.S. 19 and Drew
PARCEL 806.05
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This instrument prepared b~or
Under the direction of
! ~ - ,- ' '.., .
l.::',': '" ,'~l;-I:
Department of Transportatlo
PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PC 1197
street, run
thence along the centerline of the said Drew street, South 89 deg. 56'22" East, 100.00
feet; thence North 00 deg. 54'41" East, 50.01 feet to the intersection of the easterly
right-Of-way line of U.s. 19 and the Northerly right-ot-way line of said Drew Street; run
thence along the said Northerly right-Of-way line of Drew street, South 89 deg. 56'22"
East, 340.00 feet; thence North 00 deg, 03'38" East, 60.00 feet; thence North 00 deg.
54'41" East, 501.45 feet; thence North 89 deg. 56'22" West, 339.12 feet to the said
Easterly right-of-way line of u.s. 19, also the Point of Beginning #4; thence run along
the said right-of-way line, North 00 deg. 54'41" East, 210.00 feet; thence South 89 deg.
56'22" East, 40.00 feet; thence South 00 deg. 54'41" West, 210.00 feet; thence North 89
deg. 56'22" West, 40.00 feet to the Point of Beginning #4.
LESS:
Beginning from the Southwest corner of the said Section 8, Township 29 South, Range 16
East, Also the Point of Intersection of Centerlines of Rights of Way for U.S. 19 and Drew
st-reet: Run thence along the Centerline of- the said Drew Street S.89056'22"E., 100.00 feet:
thence N.00054'41"E., 50.01 feet to the intersection of the Easterly right of way line of
U.S. 19 and the Northerly right of way line of the said Drew Street: Run thence along the
said Northerly right of way line of Drew street, S.890S6'22"E., 340.00 feet: Thence
N.00oOQ'38"E., 60.00 feet for a Point of Beginning No.2: Thence run along a curve to the
left, radius 170.00 feet, arc 224.85 feet, chord 208,81 feet, chord bearing N.37049'49"w.;
thence N.75043'lS"W., 135.18 feet: Thence along a curve to the right, radius 100.00 feet,
arc 133.75, chord 124.00 feet, chord bearing N.37'24'13"W., to the said Easterly right of
way line of U.S. 19: Thence along the said right of way line N.00054'41"E., 205.00 feet:
Thence S.89'56'22"E., 339.12 feet: Thence S.00'54'41"W.. 501.45 feet to the Point of
Beginning No.2.
AND:
Beginning from the Southwest corner of the said Section 8, Township 29 South, Range 16
East, also the Point of Intersection of Centeilines of Rights of Way for U.S. 19 and Drew
Street: Run thence along the Centerline of said Drew Street S.89056'22"E., 100.00 feet:
Thence,N.OOo54'41"E., 50.01 feet to the intersection of the Easterly right of way line of
U.S. 19 and the Northerly right of way line of the said Drew Street: Run thence along the
said Northerly right-Of-way line of the said Drew Street, S.89'56'22"E., 340.00 feet:
Thence N.Ooo03'38"E., 60.00 feet for a Point of Beginning No.2: Thence run along a curve
to the left, radius 170.00 feet arc 100.05 feet, chord 98.61 feet, chord bearing
N.16'47'55.5"W.,: Thence N.00054'41"E., ~07.07 feet: Thence S.89'56'22"E., 30.00 feet:
Thence S.Ooo54'41"W., 501.45 feet to the Point of Beginning No.2.
0.302 acres more or less.
Lying within the following described boundary, to-wit:
Commence at a railroad spike marking the Southeast corner of the Southwest 1/4 of Section
8, Township 29 South, Range 16 East, Pinellas County, Florida, run thence N.89056'49"W.,
a distance of 2689.93 feet along the South boundary of the Southwest 1/4 of said Section
8 to the Southwest corner thereof; thence N.00054'SO"E., a distance of 164.16 feet along
the West boundary of the Southwest 1/4 of said Section 8; thence S.89005'10"E., 139.76 feet
to the POINT OF BEGINNING; thence N.00'54'50"E., 80.00 feet; thence S.89005'10"E., 2.24
feet; thence S.00'54'50"W" 80.00 feet; thence N.89'05'10"W" 2.24 feet to the POINT OF
BEGINNING.
PARCEL 806.05
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This instrument prepar.ed bYK?O
Under the direction of
I~".' ''''.':1
t,.-~: -', : .....,.:,:ur~~;
Department of Transportatio
PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PC 1198
Containing 179 square feet, more or less.
RECORDED
NATURE OF' DATE FROM TO O.R.
ENCUMBRANCE BOOK PAGE
EASEMENT 05/07/73 KENNEDY BROTHERS, CITY OF CLEARWATER 4028/18
INC. a Florida
corporation
EASEMENT 12/02/87 LIFE SAVINGS BANK CITY OF CLEARWATER 6663/187
and V. JACK
KENNEDY
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 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 s~id lands, the
FOOT ,hereby agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate eaBemente~
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 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 Buch rights do not interfere with the operation and safety of the FOOT's
f aciU ties.
4. The city agrees to repair any damage to FOOT facilities and to indemnify the FOOT
against any lOBS or damage resulting from the City exercising its rights outlined
in Paragraphs 1 and 3 above.
PARCEL 806.05
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This instrument prepared. b~O
Under the direction of~
Ac~:.:~~,. . . .,: "':_~;!..l;"f::<':'\
Department of Transportatio
PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 1199
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first aQove written.
Signed, sealed and delivered in
the presence of:
S.TATE
RTATION
By:
Dire
District VII
I)
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
WITNESS ~"\ _ C'.(
PRINT Nl\ME l>c) n L - .-:t P,.'Mt" M <;
STA.TE OF FLORIDA
COUNTY OF HILLS BOROUGH
The ,foregoing instrument was acknowledged before me this 3rd day of
June , 199 4 , by Kenneth A. Hartmann , DIRECTOR
OF PRODUCTION for District VII , who is personally known to me O..l.. w1.s :R""" rrnnnt"pn ~
-'!Of!! iaefLtifio.at.i9A.
~~
PRINT NAME Deanna L. Aldern:~.F,\"'''''""
Notary Public in and for ;tie-,:;('~ .;: ';,'.,'
County and State last a~es.'i:;,i"<f:'""<..'. '.
My c;ommiss ion Expires: I .. ,l~, / ''I' & "':'~. \
Ser~al No. f if any: ::- . _; . ."' ,f, ::.
:.: ,," ~ c"o..,' - <,,'
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Nol8!y Public Stale oHlorlda a' (arge ~~, ~.;~. \. [~.. ,c' : :.... ~
My Commission Expires Joly 17p994. '<..r>,..,,,.. -< .;~'/
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PARCEL 806.05
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PINELLAS COUNTY FLA.
OFF,REC.BK 8698 PC 1200
ita Garvey
Mayor-commission
Attest: -
~
Clerk
STATE OF FLORIDA }
COUNTY OF PINELLAS )
BEFORE ME personally appearad Rita Garvey, the Mayor-Commissioner of the
above named City, who acknowledged that she executed the foregoing
instrument. She is per~O~allY known, to me and. did Itv, take an oath.
WITNESS ~y hand and Offlc.lal sealthls /fo day of . L1l11~ ' 1994.
ft/M~/)j)'~%~g2z,(JU 4t ~":;(~7::~~
Notary Public "/o!,.~'f.:&'J.., BONOEOTHRUTROVFAININSlJAANCE,INC.
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 to me and did no, take an bath.
WITNESS my hand and official seal this ~ day' of , 1994.
Notary Public
Print/Type Name:
~)
/j,~:,,~:,~?;;, DENISE A, WILSON
[.(4\.) MY COMMISSION H CC 201408 EXPIRES
~'"~,:",,,: June 18 1996
"'~X.!if.f,-.:rr,.""'" 80NOEDTHRUTROYF~ININSURANCE.INC.
and correctness:
Il-Io
city Attorney
I rJ-t. e.r I VY1
PARCEL 806.05
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