SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 123.04
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INS T II ~ I; - 1 71; 21; ~
JUN 11;, 199~ 7:02PM
I
I PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 1157
...:
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Thi~ in~trument prepared by, or
und!,r the direction' o~. .
Ker.~'-'''~ r.. 1-'~,~!r;Q
Arri.;,'.~..,' , _ ~. . ,
Dep~rtC~~nt < oi'Tr;a:ri~Po ~ation
11201N. Malcolm McKinley DriVe
Tamp~, Florida 33612
PARCEL
WPI NO. :
S.R. NO.:
COUNTY
SECTION
123.04
7117045
55
PINELLAS
15150-2566
l' ;.:- : ~.! I' ;., ~.
Lega.l. Descriptipn Approved: . ) 1/ . ./H //.
Date: /;>"/;'.7/1/.1' BY:~ ~
, I
}'LORIDA DEPT. OF TRANsponTATION
AnN, M.S, 7-900, RIGHT 01' WAY
MARlA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR
TAMI'A. FLORIDA 33612-6403
r~rl~n .~bJ
':.9i I~.I N SUBORIlINATION OF CITY UTILITY INTERESTS
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- Tlirs"A8ro:EMENT ,....entered into this L day of JV n"'- ,199.l., by and between ths
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter'called the FDOT, and the CITY
OF 'CLEARW~TER I a municipal cO:rpo~ation, h~reinafter called city.
WIT N E SSE T B:
WHEREAS, the City presently has an interest in certain lands that have been
determined necess~rY for hig~way purposes; and
. WHEREAS, the, proposed use of these lands tor 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
necessary to prevent conflict between the fac~lities so that the benefits of each may be
retained.
~OW, THEREFO~, in consideration of the mutual covenants and promisee of the p~rties
hereto, city and FOOT agr~e as follows.
city he.r~by s~bo~dinates to the interest of FDOT., its s~cce8sors, or assigns, any
and all of it~ interest in the lands as follows, viz:
That part of: .
Lot 2 and 3 of THE ~LEARWATER COLLECTION - SECOND REPLAT according to the map o~Plat
ther$of as recorded in Plat Book 107, Page.24, of the public records of Pinellae~~unty,
Florida, lying in Section 71 Township 29 South, Range 16 East, Pinellas County, ~Florida.
Lying within the following described boundary, to-wit.
Commenc~ at a 5/8" iron rod no. LB-33 marking the southwest corner of the Southeast 1/4
of Section 7, Township 29 South, Range 16 East, pinellas County, Florida, run thence
S.89039'46"E., a distance of 2,671.71 feet along the South boundary of .the Southeast 1/4
of 8a14' Section 7 to the Southeast corn.r thereof; thence N.Ooo54'SO"E., a distance of
450.04 feet along the East boundary of the Southeast 1/4 of the Southeast 1/4 of said
S"ction 7i thence N.89039'39"W., a distance of 100.47 feet to the Southeast corner of Lot
'4 of th" THE CLEARWATE~ COLLECTION - SECOND REPLAT, according to map or plat thereof,
PARCEL. 123.04
PAGE 1
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: 1.7/(;,
Co ~ Oyq -<:')3
.1.3\
I
PINELLAS COUNTY FLA.
OFF,REC.BK 8698 PG 1158
I
Th.iS.... i. ns.trument pre.'.ia.ed by,
unde"kJilt.,,~r',P,Mon 0
Assislr.n', '::'. ' . -:' .-:;~. -,<'":-::1
Department of Trans tation
0,,"
recorded in Plat Book 107 ~age 24, Public. Records of pine1las County, Florida snd the
existing West right-of-way line of U,S,'19; thence N.00051'34"E., a distance of 46.50 along
the East boundary of said ~ot 4 to the Southeast corner of Lot 3 of said THE CLEARWATER
COLLECTION - SECONDREPLAT and the POINT OF BEGINNING, thence N.89033'10"W., a distance
of 54.25 feet along the South boundary of said LOT 3, THE CLEARWATER COLLECTION - SEpONC
REPLAT; th~nce N.00~54'50"E., a distance of 89.79 feet to a point of curvature, thence
Northerly, 246.18 feet along the arc of a curve to the right, having a radius of 7664.44
feet !lnd a centr!ll angle of 01"50'25" (chord bearing and distance of N.01"50'03"E., 24/;.17
feet) to the North boundary of LOT 2 of THE CLEARWATER COLLECTION - SECOND REPLAT; thence
S.89033'10"E., a diStance of 49.98 feet along the North boundary of said LOT 2 to the
aforesaid West right-of-way line of U.S. #19; thence 5.00051'34"W., a distance of 335.89
feet along said west right-of-way line to the POINT OF BEGINNING.
Cont~ining 17,845 ~quare feet, more or less.
RECORDED
'7 '.
NATUilE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 0~/15/87 MAURICE A. ROTHMAN CITY OF CLEARWATER 6605/82
. ' .
EASEMENT 09/15/87 MAURICE A. ROTHMAN CITY. OF CLEARWATER 6605/84
EASEMENT 09/15/87 MAURICE A. ROTHMAN CITY OF CLEARWATER 6698/907
PROV~OED 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 facilitie~
as required by the FOOT, Utility Accommodation Manual in effect at the time the
agreement is ~xecuted. 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 said lands, the
FOOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
~ncluding, but not l~ited 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
~ith reimbursement rights.
3. The City shall have a reasonable right to enter upon the lands described herein for
tpe purposes put lined in Paragraph 1 above, including the right to trim such trees,
brush, and growth which might endanger or interfere with such facilities, 'provided
that "uch rights do not interfere with the operation and safety of tl1e FOOT's
:'facilities.
,"",
PARCEL"12~.04
PAGE 2
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PINELLAS COUNTY FLA,
fFF'REC.BK 8698 PG 1159
Thi~ in~trument prep&~rb ,
Under the direction 0
K.z"';- ^'.,~ .r" \'\'109
.., 'n ~,.' ." ,~,- r'-'~'"
o8P:;f~~~t'Of'T~~~~~~ tion
or
4. The city agrees to repair any damage to FOOT facilities and to indemnify the FOOT
against any loss or damage resulting from the City exercising ita rights outlined
inParagrapqs 1 and 3 above.
~N WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first above written.
Signee, se~led and d~livered in
the. pre~ence of:
~Cl,U_11
WITNESS ~. j r---r;- \
PRINT ~ . . VCh -.J. 1',dvJe.\
r:J:1/-=---- ctJ~
WITNESS 17 1_' L C' (
PRINT NAME /,:;,D n '. f>.'I1 -fellS
STATE
SPORTATION
By:
Direct
District VIr
ADDRESS
11201 N. MALCOLM McKINLEY Or.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
"l'n~
for~goin~ instrument
, i99 /.I
for District
was acknowledged before me
, by Kenneth A. Hartmann
V~I '. w~o i~_ personally known to
a.ll ....clc.i1L....f........L........u.
this
3rd
The
me Br ..he
,
h.......
day of
DIRECTOR
.t"L-vdu.....-cd
OF PRODUCTION
",. ' ~I
"
PRINT NAME De21nna r.. A 1 ~?rm:=jn;'
Notary Public in and for"the
County and State last aforeBa~d.
My Conuniasion Expires: ' ....
Serial No., if any:
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NotillY Public SI.t. of Florid, ,(larl1ll
lh Commission upoes July l7, 1994.
PARCEl, 123.04
PAGE 3
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PINELLAS COUNTY FLA.
rOFF.REC.BK 8698 PC 1160
ita Garvey
Mayor-commi$sion
CITY OF CLEA~WAa'~,,' FLORIDA
._" ..,-\, 'I{
. .,' I 0;.~ 11;'1
By:
Attest:
STATE OF FLORIDA }
COUNTY OF PINELL~S }
-'.
,'-:
BEFORE ME per$onally appeared Rita Garvey, the Mayor-Commissioner of the
above named city, who acknowledged that she executed the foregoing
instrument. She is personally known to me and did n t take an oath.
WITNESS my hand and official seal this ~ day of
f\n!1J ;,'t:i() () .' f, I, '0 Arlit') r . .
t'i&t/Type Na~)~Y\~.~)f /\LJ0
Notary Public '. .' .
1994.
,,'i;ti~i},. ' DENISE A. IlSON
,.( .6'A MY COMMISSION N CC 201408 EXPIRES
~"~.-$":.: June 16, 1396
";'(~y':&.'f..'~ BONDED THRUTROY FAIN INSURANCE,INC.
STATE OF FLORIDA }
COUNTY OF PINELLAS }
BEFORE ME per$onally 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 oath.
WITNESS my hand and official seal this ~ day of 1994.
)r/~n 5:
,1i:'ii.':'~i;;;" DENISE A. WILSON
. h"'-4'\.~ MY COMMISSION /I CC 201408 EXPIRES
"f _ l'.'~:'~':O::l JunE! 18, 1996
I ~,LJ. .''{.9'f..~'f... 6Q1jDfOTHFlUTAOY fAIN INSURANCE,INC.
and'correctness:
., City Attorney
I .T/I h, r, rl1
PARCEL 123.04
PAGE 4