SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 120.03
,
IN::>'l- jf ":J~-lj-41..4o
JUN 11;, 1991; 7: 02PM
I
I PINELLAS COUNTY FLA.
OFF,REC,BK 8698 PG 1153
This instrument prepared by, or
under the direction ~
. Kenn ~_l!; G Vlir.g
ASslslnnl G:.: ,....:.::: '=:our..,el
Department of Transp tat ion
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION
120.03
7117045
55
PINELLAS
15150-2566
\~.cnJI';1
Legal Description
Date: p./).. '1/ 'il
., .
APproved.: vA
By: h
.//~/k
FLORmA DEPT. OF TRANSPORTATION
ATTN, M.S, 7-9ll0,R1GIl1' OF \VA \'
MARIA CAR!\IEN HERNANDEZ
11201 N, MALCOUI MCKINLEY 1lR.
TA!\-HA, FLORIDA 33612-6~03
'"
'~! rc~~'01
1,1
1
88~~wt-~~ ~~~ ~~
.0;;: U c: :::! 0 Z /l. ') .<:: 12." A
Tl!lS~AG . eME , entered into this ~ day of ..JVVle ,199.:r:.., 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~
III~~
SUBORDINATION OF CITY UTILITY' INTERESTS
WIT N E SSE T B:
WHEREAS, the City presently has an interest in certain lands that have been
determineQ necessary for highway purposesj and
WHEREAS, the propoeed use of these lands for highway purposes will require
auborqination of the interest claimed in such lands by city to the FDOT; and
WHEREAS, the FDOT is wi11ing 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 fPOT agree as follows:
City hereby subordinates to the interest of FOOT, its successors, or assigns, any
and a++ of its inte~est in the lands as follows, viz:
That part of:
Lot 1 of THE CLEARWATER COLLECTION - SECOND REPLAT according to t~e'map or plat thereof,
as r~corded in Plat ~ook 107 at Page 24 of the public records of pxnellas County, Florida,
lying in Section 7, Township 29 S~uth, Range 16 East, Pinellaa/County, Florida.
Lying within the following. described bound~ry, to-wit:
Commenc~ at a 5/8" iron rod no. LB-33 marking the Southwest corner of the Southeast 1/4
of S~ction 7, Town~hip 29 South, Range 16 East,. Pinellas County, Florida, run thence
S.89'39'46"E., a distance of 2,671.71 feet along the South boundary of the Southeast 1/4
of said Section 7 to the Southeast corner ther.eof; thence N.Ooo54'SO"E., a distance of
1350.60 feet along the East boundary of the Southeast 1/4 of the Southeast.l/4 of said
Section 7; thence N.89'50'5l"W., a distance of 101.33 feet to the Northeast corner of Lot
1, THE CLEARWATER' COLLECTION - SECOND REPLAT according to the map or plat thereof, as
recorded in Plat Book 107 at Page 24 of the public records of Pinellas County, Florida,
PARCEL 120.03
PAGE 1
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: C/F/7~
/"',1\
j '~
-,
'~ cJ.'
I
PINELLAS COUNTY FLA.
OFF,REC.BK 8698 PG 115~
I
,
This instrument prepared by, or
Under K~~~:,~i~~~,~~on 01 A}i
De~:~~~~t of Tran~~r~:tion
and th~ existing (by rlat) West right-of-way line of U.5./19 and the POINT OF BEGINNING;
thence S. 000 51' 34"W., 517.82 feet along said West right-of-way line to the Southeast corner
of said Lot I; thence N.89033'10"W., a distance of 49.98 feet along the South boundary of
. said Lot 1 to a point on a curve; thence Northerly, 194.55 feet along the arc of a curve
tq the right, having a radius of 7664.44 feet and a central angle of 01027'16" (chord
bearingN.0302s's3"E., 194.54 feet) to a non-tangent line; thence N.16041'3s"E., a distance
of 56.43 feet to a curve; thence Northerly, 105.89 feet along the arc of a curve to the
right, having a radius of 7652.44 feet and a central angle of 00047'34" (chord bearing and
distance of N.Oso01'03"E., 105,89 feet) to a point of tangency; thence N.Os024'sO"E., a
distance of 164.40 feet to the North boundary of aforesaid Lot 1; thence S.89os0'sl"E.,
a distance of 4.95 feet along the North boundary of said Lot 1 to the POINT OF BEGINNING.
Containing 14,931 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
EASEMENT
DATE
FROM TO O.R.
BOOK/PAGE
MAURICE A. ROTHMAN CITY OF CLEARWATER 6605/82
EASEMENT
09/15/87
09/15/87
09/15/87
MAURICE A. ROTHMAN CITY OF CLEARWATER 6605/84
MAURICE A. ROTHMAN CITY OF CLEARWATER 6698/907
EASEMENT
PROVIDED that the City has the following rights:
1. The City shall have the rig~t to construct, operate, maintain, improve, add to,
~pgrade, remove, and relocate facilities on, within, and upon the lands described
h~~ein .in accordance with the FOOT's current minimum standards for such facilities
a~ required by the FOOT, Utility Accommodation Manual in effect at the time the
~greement 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 qew construqtion or relocation of facilities by the City or require the
Ci~y to alt~r, adjust, or relocate its facilities located within said lands, the
fOOT hereby agrees to pay the cost of such alte;r::-ation, adjustment,. or relocation,
lnc+uding, but not limited to the cost of acquiring appropriate easements.
2. Notwith~tanding any provisions set forth herein, the terms of the utility permits
shall supe~sede any contrary provisions, with the exception of the provision h~rein
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 o~ interfere with such facilities, provided
that such rights do nct interfere with the operation and safety of the FOOT's
facilities.
4. The City agrees to repair any damage to FOOT facilities and to indemnify the FOOT
PARCEL 120.03
PAGE 2
I
PINELLAS CUUNl~ rLA,
OFF.REC.BK 8698 PG 1155
I
This instrument prepared by, or
Under the direction 9Je
. Kennsl:l G. 'Ning
De;:~~~~h~.'~r~~~IIWi6r ation
~9ainBt any lOBS or d&m~ge resu+ting from the city exercising its rights outlined
in Paragraphs 1 and 3 above.
IN WITNESS WijEREOF, the FDOT hereto hae executed this agreement on the day and year
firet aqove written,
Signed, sealed and delivered in
the prE!:B!ence of:
,'~~_ll
WITNESS ". .' . J ---..- Il
PR+NTM t~VfUA:O::~U-
~;i~~S~l\$_&-ob L. Clew\'t?I\'S
STATE
SPORTATION
By
Direct
I
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY Of HILLS BOROUGH
The fpregoing instrument was acknowledged before me this lrA
June , 199 4 , by Kpnnprh A RArrmAnn ,
OF PRODUCTION for'District VII , who is personally known to me or who has
&~ i~QR~;~;~~~iQR
day of
DIRECTOR
'Oron\J~pr1
~d
. . - .
.::.} ., "
. - lJ"<>'; ~j< j" '1 {j '\\:-".
PRINT. NAME nA-MnnA r ~ 1 ~-ejwa.o n l':. ~'. ..." '-;:
Notary Public in and fo~ ::t~rJ. '-...>f)...:.... v'. ::
County c:a-nd. State ~a8t a~o.~e"sa.i&, ... -
My COrnm~BSl.On Expl.res: ' ".,,~.. -..;., C 1 \... ,.:;.'
Serial No., if any: -". (..~ ..~....- ....... .,(j. .;.:.
. . ", j. "'. . ". ~~,~...
"""'''' ". ,II"
Nll!3ll" Public S'tal. ofFforr~..llli'iji
My CommJs.ion Expires July 17, H94.
PlIF,CIlI, 120.03
PAGE 3
I
PINELLAS COUNTY FLA.
tFF,REC,BK 8698 PG 1156
i a Garvey
Mayor-commissioner
By:
CITY OF CLEARWATER, FLORIDA
~b~~e:~;~'l~,
&~Manager '. ..~ / ",..' '.
, _'.../ . I
'. ..../ I . -',':
, \ \.~ /, ( II
~~-..; --~ /1
,
,
Attest:
, GO\1deau-,
r.~, :~.." . ",. ,. f' (,<o/~_€," .",:....
',.
. 1'1 . \ \~'
I I , I \ . ;. ~. \ '
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. Sl+e is personally known to me and did .?!/\t/\'take an oath.
WITNESS ~y hand and offic.ial .seal this /& day of / / f/(l-<"f ' 1994.
f\ M I ^ /lJ /} /tJ I:~ ~, /;'i!.;:'~k DENISE A. WilSON
~/T~ (4~ ,,( ." . \ t,"*,c,.jMYCOMMISSIONNCC20140BEXPIRES
Prlnt/Type Name: D__'S_~j_~)Ou "?,r~ii Jone18,1996
Notary Publ ic '. . ',R:..f,,'" BOl,DfOTHRUTAOYFAININSlJRANCf.lNC
STATE OF FLORIDA }
COUNTY OF PINELLAS }
appeared Elizabeth M. Deptula, the city Manager of the
who acknowledged that she executed the foregoing
personally known to me and did not take an oath.
offioi.1 ...1 'hi. A d:~ of 111 (lct . "".
i:;;';""'~f", DENISE A. WILSON
~~( h. ".~i MY COMMISSION /I CC 201~06 EXPIR!:S
~ \ ~'Y'~<f:"'.'" June 18, 19%
U. --0,,9;',,:;,'" &INDEPTHRUTROYfAININSUfWlCE,lNC
BEFORE ME personally
above named City,
instrument. Sh~ is
WITNESS my hand and
nd correctness:
A-/Ofl
., City Attorney
110(::) J:;nt.erl'rn
""
PARCEL 120.03
PAGE 4