SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 129.04
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1 N oj T II 91; -1 7 I; 250
JUN 11;, 199~ 7:02PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 1161
This instrument prepare
under the directi
Kenn~!.!l G. \r'Ving
~W~ll\!\\l.fnt:I08J! Cf1u.rn
11201 N. Malcolm M inley
Tampa, Florida 33612
by, or
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
129.04
7117045
55
PINELLAS
15150-2566
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FLORIDA DEPT, OF TRANSPORTATION
ATTN: M.S. '.900. RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOL~1 MCKINLEY DR.
TAMPA. FLORIDA 33612-6403
Legal Description Approved: ~ ~4 /-/-
Date: ,t./ f1:/ >"7'" By: A:~, ~4:?Z )
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THIS AGREEMENT, entered into this l day of ..JUKP , 199!:/..., by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the . CITY
OF CLEARWATER, a municipal corporat.ion, hereinafter called city~
WIT N E SSE T H:
WHEREAS, the city presently h.as .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" ~O R.CE PARK, according to plat thereof recorded in Plat Book 95,
page 1, Public Records 0 Pinellas County, Florida, lying in Section 8, Township 29 South,
Range 16 East, Pinella County, Florida.
Lying within the following described boundari~9, to-wit:
PART "A"
Commence at a Pinellas County Engineering Department concrete monument with nail and disk
marking the Northeast corner of the Southwest 1/4 of. Section 8, Township 29 South, Range
16 East, Pinellas County, Florida, run thence N.890JO'59"W., a distance of 2714.71 feet
along the North boundary of the Southwest 1/4 of- said Section S, to the Northwest corner
of the Southwest 1/4 of said Section 8; thence S.OooS4'SO"W., -a distanb~ of 780.11 feet
along the West boundary of the Southwest 1/4 of said Section 8; thence S.89044'11"E., a
PARCEL 129.04
PAGE 1
KARLEEN F.
DEBLAKER, CLERK
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PINELLAS COUNTY FLA.
IOFF,REC.BK 8698 PG 1162
This instrument prepared by, or
Unde. the di.ectio f
Kenrsl.~l G. \Ving
Assistnlll-:~' _~-,'::'''.~l~ rounse
Department of Trans ortation
distance.of 130.02 feet to th~ East right-of-way line of U.S. #19, and the Northweet corner
of Lot 1 of CLEARWATE~ "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
North boundary of said Lot 1, S.89'44'11"E., a distance of 150.81 feet; thence
S.3700e'45"E.,' a 4istance of 84.69 feet to a poin~ of curvature; thence Southeasterly,
33.4~ f~et along the arc of a curve to the ri9ht, having a radius of 50.00 feet and a
centr!,l angle of 38'19'41" (chord bearing S.17'58'55"E., 32.83 feet) to a point of
tangency; thence S.OlolO'56"W., a distance of 131.58 feet; thence 5.39029 'OO"W., a distance
of 32.62 feet to the POINT OF BEGINNING; thence S. 89 '44' 08"E., a distance of 70.22 feet;
thence N.Ol'10'56"E., a distance of 64.10 feet; thence Southeasterly, 107.90 feet along
the arc of a curve to the left, having a ~adiu8 of 68.00 feet and a central angle of
90'55'00" (chord bearing S.44'16'38"E., 96.93 feet)' to a point of tangency, thence
S.89'44'08"E., a distance of 213.01 feet; thence S.00'54'56"W., a distance of 209.53 fe~t;
thence S.01'56'31"E., a dist!lnce 100.30 feet to the South boundary of said CLEARWATER "19"
COMMERCE PARK; thenc~ along said South boundary N.89'44'18"W., a distance of 57.68 feet;
thence N.00'18'32"E., a distance of 219.85 feet,.thence N.48'07'11"W., a distance of 52.54
feet; thence N.89044'08"W., a distance of 100.52 feet to a point on the East boundary of
Lot 2, of said CLEARWATER "19" COMMERCE PARK; thence along the East boundary of said Lot
2, N.OloOB'55"E., a distance of '5.47 feet to the Northeast corner of said Lot 2; thence
along the North boundary of said Lot 2, N.89'44'40"W., a distance of 380.00 feet to a point
on th~ Ea~terly right-at-way line of u.s. 119; thence along said Easterly right-of-way line
N.OooS7'Ol"E., a distance of 38.33 feet; thenc"e S.S7022'30"E., a distance of 203.10 feet;
thence N.39'29'00"E., a distance of 31.79 feet to the POINT OF BEGINNING.
Cont~inin9 0.973 acres, more or less.
PART "B"
Commence at a Pinellas County Engineering Department concrete monument with nail and disk
marking the Northeast corner of toe Southwest 1/4 of Section 8, Township 29 South, Range
16 Ea~t, Pinellas County, Florida, run thence N.89'30'59"W., a distance of 2714.71 feet
along the North boundary pf tne Southwest 1/4 of said Section 8, to the Northwest corner
of the Southwest 1/4 of sai<!Section 8; thence S.00'54'50"W., a distance of 780.11 feet
along the West boundary of the Southwest 1/4 of said Section 8; thence s.89044'11"E., a
di~t~nce of 130.02 feet'to the East right-at-way line of u.s. #19, and the Northwest corner
of Lot 1 of CLEARWATER "19" COMMERCE PARK, according to map or plat thereof, recorded in
Plat Boo~ 95, Page 1, of the Public Records of Pinell~s County, Florida, and the POINT OF
BEGINNING; thence along the North boundary of sa'id Lot 1, S.89'44' 11"E., a distance of
150.81 feet; thence S.3700S'4S"E., a distance of 84.69 feet to a point of curvature; thence
Soutoeasterly, 33.45 teet along the arc of a curve to the right, having a radius of 50.00
feet and a central angle of 38'19'41" (chord bearing S.17'58'55"E., 32.83 feet) to a point
I of tangency; thence S.OlolO'56"W., a distance cif 131.58 feet; thence S.39029'OO"W~, a
distance of 64.41 feet; thence N.87'22'30"W., a distance of 203.10 feet to a point on the
Easterly right-ot-way line of u.S. #19; thence along said Easterly right-at-way line the
following three (3) courses: 1) N.Ooo57'01"E., a distance of 197.18 feet; 2) S~89004'1S"E.,
a diatande of 30.00 feet; 3) N.OQoSS'45"E., a distance of 74.73 feet to the POINT OF
BEGINNING.
Containing 1.412 acres, more or lesB~
PART "C"
Commence at a Pinellas County Engineering Department concrete monument with nail and disk
marking the Northeast corner of the Southwest 1/4 of Section 8:, Township 29 South, Range
16 East, Pinellas County, Florida, run thence N.8~o30'S9"W., a distance of 2714.71 feet
PARCEL 129.04
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PINELLAS COUNTY FLA.
OFF.REC,BK 8698 PG 1163
This instrument prepared
Under the direction
Kcnrl':';~~~ G. '^'!ng
AssislElnt C':':;';2ial Counsel
Deportment of Transpo tation
along the North boundary of the Southweet 1/4 of said Section 8, to the Northwest corner
of the Southwest 1/4 of said Section 8; thence S.00'54'50"W., a distance of 780.11 feet
along the west boundary Of the Southwest 1/4 of said Section 8; thence S.89044'1l"E., a
distance of 130.02 feet to the East right-of-way line of u.s. #19, and the Northwest corner
of Lot 1 of 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 said
Easterly right-of-way line of u.s. #19 the following three (3) courses: 1) S.00'55'45"W.,
a distance of 74.73 feet; 2) N.89'04'15"W., a distance of 30.00 feet; 3) S.00'57'01"W.,
a distance of 235.51 feet to the Northwest corner of Lot 2 of said CLEARWATER "19" COMMERCE
PARK; thence ",long the North boundary of said Lot 2 S.89'44'40"E., a distance of 380.00
feet to ~ne Northeast corner of Baid Lot 2; thence along the East boundary of Ba~d Lot 2
S.01008'55"W., a distance of 5.47 feet to .the POINT OF BEGINNING; thence S.89'44'08"E.,
a distance of 100.52 feet; thence S.48'07'll"E., a distance of 52.54 .feet; thence
S.00018'32"W., a distance of 219.85 feet to the South boundary of said CLEARWATER "19"
COMMERCE PARK; thane'e along said South boundary N. 89 044' 18 "W., a distance of 143.56 feet
to the East boundary of Lot 2 of said CLEARWATER "19" COMMERCE PARK; thence along the East
boundary of said Lot 2, N. 01 008' 55 "E., a dis.tance of 254.78 feet to the POINT OF BEGINNING.
.Cont~in~ng 0.813 acree, more or leBs~
~arc~l 129 containing a total of 3.197 acres, 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. Toe City shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, anq 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 i~ executed. Any new construction or relocation of facilities within the
lands will be sllbject 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 said lands, the
FDOT hereby agrees to pay. the cost of such alteration, adjustment, or relocation,
including, but not limited to the coat of acquiring appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of the utility permits
shall superB~de any contrary provisions, with the exception of the provision herein
PARCEL 129.04
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PINELLAS COUNTY FLA.
IOFF,REC,BK 8698 PG 1161;
This instrument prepare by, or
Under the directio
Kcr.n,:,",'.~l G. V,I!ng
AS5b!2f"\V" c," -,....! r:('lIJli~r-.1
Department of Trane ortation
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,
prush, and groWth which might endanger or interfere with such facilities, provided
that Buch rignts 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 FOOT
against any loss 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 :=Since ~: . LJ - U
WITNESS' I ' --..-
PRINT ~~ 5te"~~ J, I:~....k.\\
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WITNESS ,...., '- L C 1
PRINT NME I:':>D ,V ' . {>"h'f'I'! S'
STATE OF SPORTATION
By:
Direct of Production for District VII
ADDRESS 11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE Of FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this ~rn day of
June , 199 4 ,by Kenneth A. Hartmann DIRECTOR
OF PRODUCTION for District VII , who is personally known to me V~ "~o has pEedy~o~
6~ ia~rrific.ti8R
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PRINT NAME TlA;::,nn~ r Z!.l c-.=~~' .,',
Notary Public in and fo,r,.l, ~.-, .
County and state last afor~said~
My Corruniseion Expires: -,
Serial No., if any:
, ~.~,l
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,
Notary Public State of Florida at Large
. My Commlssion Expires July 17, 1994.
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PARCEL 129.04
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PINELLAS COUNTY FLA,
I OFF,REC.BK 8698 PG 1165
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By:
CITY OF CLE~WATER, FLORIDA
-U /h~;;;':":""""
UliZ?~th M.'.DEwtula
city /ljani'JxJ~l ",' ,
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Rita Garvey
Mayor-CommissioneD
STATE OF FLORIDA }
COUNTY OF PINELLAS }
'P'-"I
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the
above named City, who aGknowledged that she executed the foregoing
instrument. She is personally known to me and did r;)t take an oath.'
WITNES~ my hand and offi~ial seal this Jiz. day of '/77rLtf- , 1994.
t:e Ftl t::;J a Jj L '(;7/\ n/YI ), f~~~ti,~, DENISEA.WllSON
Print/Type l!ame;~\(pJ.~ !if/Ism )\{l:.};}MYCOMMIs:,~n~~~C1;:;408EXPIRES
Notary PubllC "',f,,'rff.:&'{.;" BONDEDTliRUTROYFAI~INSURANCE,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 take an oath.
WITNESS my hand and official seal this ~day of , 1994.
Notary Public
Print/Type Name:
) /;?':'i.~?i.." DENISE A. WILSON
Of.-- i/S,:~:) MY COMMISSION NCC 201408 EXPiRES
~';.;'.,...~",/ June 18, 1996
. . "",~.,n',\" BONOEOTliRU TROY FA!// INSURANCE,INC.
Approv
and correctness:
/}-/an S. 2- {
., City Attorney
6)S~ Ie r, :-.n
PARCEL 129.04
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