SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 120.03 (2)
INST II 9~-171;248
I JUN 11;, 1994 . 7 : 02 PM
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 1153
This instrument prepared by, or
under the direction rt!
,Ker.n0~~ G. If/ing
ASSISl.nnt G">p-: ~..~l '....r\LI....,..~1 .
., _."..........,........, I '.H~ .
Department of Transp tation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION
120.03
7117045
55
PINELLAS
15150-2566
i~-~~,~~-U I" r l
','-..
Legal Description
Date: 1;;i./'J..7/'iJ
. I .
Approved: )~
By: It
/~~k
,
FLOIUDA DEI'']'. OF TRANSI'ORTA TION
ATfN: M.S. 7-900,nIGIIT OF WAY
l\'IARIA CARl\'mN HERNANDEZ
11201 N, MALCOLM MCKINLEY DR.
TAM)'A, FLORIDA 33612-6403
~r ~'1'01 I~ J
~I lID, R 'C
:1 '," ~ . I- ~'J ~I ;! SUBORDINATION OF CITY UTILITY INTERESTS
()'--'<.)N a: l...:Jet. i-
U 0 lJJ P": (/) r- ~ ill l!J ,- 0
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. T'lil.s.... AG ~~ _, Eintered into this ::;L.. day of ..J UY\e' , 199.:c..., by and between ~he:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY
OF CLEARWATER, a municipal corporation, hereinafter .called City.
WIT N E SSE T B:
WHEREAS, the city p>;,esently has an interest in certain lands that have besn
dete+min~d necessary for highw~y p~rposeB; "and
WHEREAS;, the proposed use of these. lands for highway purposes will reguire
subordination of the interest cla~ed in such lands by City to the FOOT; and
WHEREAS, the FDOT is willing to pay. to have the City's facilities relocated if
nece'sB~ry to preven~ conflict betwe~n tne' facilities 60 that the benefits of each mar be
retained~
NOW, THEREFORE, in consideration of.the mutual covenants and promises of the parties
hereto, City ~nd FOOT agree as follows;
City hereby subordinates to the interest of. FDOT, its successors, or assigns, any
and all of its int~rest in ttie lands as follows, vi~~
That part of:
Lot 1 of THE CLEARWATER COLLECTION - SECOND REPLAT according to tne'map or plat thereof,
as recorded in Plat Bopk 107 at Page 24 of the public records of ~ellas County, Florida,
lying in Section 7, Townsh~p 29 South, Range 16 East, Pinellaa/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, SEliction 7 I Township 29 South, Range 16' East, Pinellas County, Florida, run thence
S.89.3~'46.E., a distance of 2,671.71 feet along the South boundary of the Southeast 1/4
of said Section 7 to the ~outheaBt corner thereof; thence N.OOD54'SO"E., a' distance of
1350.60 fest along the East boundary of the Southeast 1/4 of the Southeast 1/4 of said
Section 7; thence N.89D50'51"W., a distanc~ of lOl.33,feet to the Northeast corner of Lot
1, THE CLEARWATER COLLECTION - SECOND REPLAT according to the map or plat thereof, as
recorqed 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 VERI Fl ED BY: 0)/7'1-
(' ',,' \
'., .....
I::" LIS)
I
PINELLAS COUNTY FLA.
fFF'REC.BK 8698 PG 1151;
, This instrument prep&red by, or
Under K~~~.,~i,f":f,~~;on 01 Af
De;:~~~:~t of Tr&nB~r~:tion
&nd the existing (by Plat) West right-of-way line of U.s.I19 and the POINT OF BEGINNING;
thence S.OQoSl'34"W., 517.82 feet along said West right-af-way line to the Southeast corner
of said Lot 1; thence N.89'33'10"W., a distance of 49.98 feet along the South boundary of
said Lot 1 to A paint on a curve; thence Northerly, 194.55 feet along the arc of a curve
to the right, having a radius of 7664.44 feet and a central ,angle of 01"27'16" (chord
bearing N.03'28'53"E., 194.54 feet) to a non-tangent line; thence N.16'41'35"E., a distance
of 56.43 feet to & 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 00'47'34" (chord bearing &nd
distance of N. 05 '01' 03"E., 105.89 feet) to a point of tangency; thence N. 05' 24' 50"E., a
distance of 164.40 feet to the North boundary of aforesaid Lot 1; thence S.89'50'51"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
MAURICE A. ROTHMAN CITY OF CLEARWATER 6605/84
MAURICE A. ROTHMAN CITY OF CLEARWATER 6698/907
EASEMENT
09/15/87
09/15/87
09/15/87
EASEMENT
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 FDOT'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
FOOT hereby agrees to pay the cost of such 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 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 such rights do not interfere with the operation and safety of the FDOT'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 COUNTY FLA.
tFF.REC,BK 8698 PG 1155
This instrument prepared by, or
Under ;e~~c~,i~e'~~nigOn O{( J Ii
D8::~~~~E: -'6f4~~WBp6~ion
against any lOBS or damage resulting from the city exercising its rights outlined
in Paragraphs 1 and 3 above.
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence of:
5+- ~_\ I
WITNESS
PRINT NAME I y""... J . Tel we-ll
1tdlr- L. ru'Y\O NW..-/
WITNESS --12 b L r I -
PRINT NAME 'D . L...-tetll\'f'n"5
STATE
I
By
Direct
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing instrument was ackno~ledged before me this ~rn day of
June , 199 4 , by KAnnprh A H.=lrt-mr:lnn , DIRECTOR
OF PRODUCTION for District VII , who is personally known to me nr who has :prodlH~p-rl .
aQ ig~Hl.t ~ F; ,...~t.i&lR
~d
. .
,,<></~j; r 'r {j '\.>~':."
PRINT NAME np~nn.=l T 'l\ 1 ("orrl::::.n .f: .~_ ...."
Notary Public in and 'fo~ ::~~-EfJ. ......,.0_-.:.~ \/
County ~nd.State ~ast a~~5~s~'~1 ..
My COmml.BSLOn Exp~reB: "D". '- C r' ,.~ _,'
Serial No" if any: ~ c-~ to.... .... .,,,C._..:,.,,:
."",1. .....,. _
"""'" "."
NcI.ll' Publi/' S'fa1e of froMe af La'iiii
My Commls.siDn Expires JUly 17, 1!l94.
PARCEL 120.03
PAGE 3
. .'
I
,- PINELLAS COUNTY FLA.
FF.REC.BK 8698 PG 1156
i a Garvey
Mayor-commissioner.
CITY OF CLEARWATER, FLORIDA
By:
g;'
"
""":L-~ 'I((f
~zabet~., -~e.p,tula-.
ty Manager .... ;' ". . . '.
./ _~.':i_':)';(~' ''-\}J'
. Attest:
. GO'4dead,
r.,~~,' '''(.'r'''''.(I~'_~,"\,.\''.
""i' :. \ ,\\\,'
(ill:I" ...,."
Ierk
STATE OF FLORIDA }
COUNTY OF PINELLAS }
BEFORE ME personally appeared Rita Garvey, the Mayor-commissioner of the
above named City, who acknowledged that she exe~uted the foregoing
instrument. She is per~onally known tome and did ?I~t~take an oath.
WITNESS ~Yhand and Offic.ial seal this lioday of //!kl-<'f ,1994.
~ ^A I i\ 11 ') /} 41J ~~ ~. ,.i::f,'~:"~";i;, DENISE A. WilSON
. .J f~ (;4, .,,( '-.- . \ ~:(~-\.E MY COMMISSION # CC 201408 EXPIRES
Prlnt/Type Name: 1).s J ::c.OU "'~~~~' JD",18.1996
Notary Pub,lie ",'?f.,n,," 8ONOEDTHIlUTRO\'FAINJNSURANCE,ING
STATE OF FLORIDA }
COUNTY OF PINELLAS }
BEFORE ME personally
above named City,
instrument. She is
appeared Elizabeth M. Deptula, the City Manager of the
who acknowledged that she executed the foregoing
personally known to ~e and did n~:ake an oath.
official seal this ~ d.:,~ of JJJ ~ ' 1994.
i~;\'^"'~i';:", DENISE A. WilSON
li.'-b-';.~:~ MY COMMISSIOt~ /I CC 2010400 EXPIRES
. \ ~':~~if:~" June 18, 1996
U "',8f,.~,." 80NDED THfIU TAQY fAIN mSURAHCE, It;(;
WITNESS my hand and
nd correctness:
., city Attorney
A-/o.-n ";'. Z-im YJ >C) J::nbeh~
PARCEL 120.03
PAGE 4