SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 118.05
INST II 91;-17~L4i
JUN 11;, 199~ 7:02PM
I
I PINELLAS COUNTY FLA.
~OFF.REC.BK 8698 PG 11~8
This instrument prepared
under the direction
, Ke~n,:,!11 G. Wing
ASSlslanl GGneiat Counsel
Department of Trans ortation
11201 N. Malcolm Mc in1ey Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
11B.05
7117045
55
PINELLAS
15150-2566
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FLORIDA DEPT. OF TRANSl'ORTATION
ATTN,"M.S. 7-90U, RIGIIT OF WAY
MAlUA CARMEN llERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
Legal Desxr~.ttion Approved: / /~ ,.-d h
"Date: x,0t:J' <7,<7 By: ~-~~
'j~t~.t41 /11111 ~ )
I ~ W fjQ c.' I 0J: 6' SUBORDINATION OF CITY UTILITY IIl'rEP,gSTS
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THIS AGREEMENT, entered into this l day of ~ y'\~ ,1994, by and between the
STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY
OF CLEARWATER, a municipal corporation, hereinafter called city.
WIT N E SSE T H:
WHE~AS, the city presently has an interl:;st in certain lands that have been
de~ermined 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 FDOT; and
WHEREAS, the FOOT 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 FOOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
That part of:
Lot 2, CLEARWATER "19" COMMERCE PARK, according to plat thereof recorded in Plat Book 95,
Page 1, Public Records of Pinellas County, Florida, lying in Section 8, Township 29 South,
Range 16 East, Pinellas County, Florida.
Lying within the following described boundary, to-wit:
PART "A"
Commence at a Pinellas County Engineering Department concrete monument with nail & disk
marking the Northeast corner of the southwest 1/4 of Section B, Township 29 South, Range
16 East, Pinellas County, Florida, run thence N.89Q30'59"W., a distance of 2714.71 feet
along ~he North boundary of the southwest 1/4 of said Section 8, to the Northwest corner
of the Southwest 1/4 of said Section 8; thence _S.OOQ54'50"W., a distance of 1350.20 feet
along the West boundary of the southwest 1/4 of' said Section 8 to the Southwest corner a,f
the Northwest 1/4 of the Southwest 1/4; thence S.B9044'lB"E., along the South boundary of
Baid Northwest 1/4 of the Southwest 1/4, a distance of 99.68 feet to a point on the East
right-of-way line of U.S. f19, and the southwest corner of Lot 2, CLEARWATER "19" COMMERCE
PARK,' according to ~p or plat thereof, recorded 'in Plat Book 95, Page 1, of the Public
Records of Pinella~'caunty, Florida, said point also being the POINT OF BEGINNING; thence
PARCEL 11B.05
PAGE 1
KARLEEN F. DEBLAKER, CLERK
RECORD VERI flED BY: (' /t')'i.'-
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P1NELLAS COUNTY FLA.
OFF,REC.BK 8698 PG 11~9
I
Thi. in.trument prepared by, or
Under th~ dire~tion ~
Kenn c.1l G. Wing
Assistanl :'.~:~:( . ,:.' '"'r;' ''''"'l~1
Department of Transp rtation
N.00057'Ol"E., 260.20 feet along said East right-of-way line to the Northwest corner of
said Lot 2; thence along the North boundary of said Lot 2, S.89044'40"E., a distance of
300.43 feetl thence S.88017'OB"W., ~ distance of 100.06 feet; thence s.B901B'51"W., a
distance of 131.64 feet to a point of curvature; thence Southwesterly, 61.88 feet along
the arc of a curve to the left having a radius of 40.00 feet, a central angle of 88038'04"
(chord bearing s.44059'49"W., 55.89 feet) to a point ot tangency; thence S.00040'47''W.,
a distance of 149.54 feet; thence S.01036'39"E., a distance of 65.37 feet to the South
boundary of .aid Lot 2; thence along said South boundary, N.89044'18"W., a distance of
33.64 feet to the POINT OF BEGINNING.
Containing 9,322 square feet, more or less.
AND
PART "B"
Commence at a Pinellas County Engineering Department concrete monument with nail & 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.Sgo30' 59"W., a distanc.e of 2714.71 feet
along th~ North boundary of the Southwest 1/4 of sai~ Section 8, to the Northw~at corner
of the Southwest 1/4 of said Section 8; thence S.Ooo54'50"W., a distance of 1350.20 feet
along the West boundary of the Southwest 1/4 of said Section 8 to the southwest corner of
the Northwest 1/4 of the Southwest 1/4; thence S.89D44'18"E., along the south boundary of
said Northwest 1/4 of the Southwest 1/4, a distance of 99.68 feet to a point on the East
right-of-way line of U.S. #19, and the Southwest corner of Lot 2, CLEARWATER "19" COMMERCE
PARK, according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public
Records of Pine11as County I Florida; thence along the South boundary of sa.id Lot 2,
S.89D44'18"E., a distance of 360.32 feet to the POtNT bF BEGINNING; thence N.00D54'56"E.,a
distance of 52.69 feet; thence S.8900S'04"E., 18.99 feet to the East boundary of said Lot
2; thence along said East boundary of Lot 2, s.0100S'55"W., a distance of 52.47 feet to
the Southeast corner of said Lot 2; thence N.89044'18"W., a distance of 18.78 feet along
the South boundary of said Lot 2 to the POINT OF BEGINNING;
Containing 993 square feet, more or less.
Parcel 118 containing a total of 10,315 Bqu~re feet, 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 P8 95/1
JR. and DWAYNE
HAWKINS
PARCEL 118.05
PAGE 2
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PINELLAS COUNTY FLA.
OFF,REC.BK 8698 PG 1150
I
This inliltrument prSfd by, or
Unde rKt he<.. d tF act ion
\erfn'~,11 .:1. wing
AS$islant C:>2n:::;-sl Counsel
Department of Transp rtation
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 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 a'lteration, 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 wi,th such facilities, provided
that such rights do ,not interfere with the operation and safety of the FOOT' 8
facilitiee.
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 its rights outlined
in Paragraphs 1 and 3 above.
IN WITNESS WHEREOF, the FDOT hereto has executed th~s agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence of:
~
STATE
SPORTATION
By:
Oirec
VII
\
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
WITNESS .~ b
PRINT NAME~":>D.
1'2--
L- Clen\~i1 >
PARCEL IlB.05
PAGE 3
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PINELLAS COUNTY FLA.
~FF.REC.BK 8698 PG 1151
".
This instrument pre~are by,
Under the direction f
Kenn:-1I1 G W!ng
AssIstant, :. v JI 0"ounsel
Department of Trans rtation
or
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The
foregoing instrument
, 199 4
for District
was acknowledged before me this
, by U~nnA~h A R~rrm~nn
VII ,who is personally known to m~ or
ae ~~9R~irl~dLi~R.
3rd
day of
DIRECTOR
.t-'.L....dd.~es
Tllnp
,
. 'R.'Q r.....'"
OF PRODUCTION
'/2:,:T'i~',":::--
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PRINT NAME Deanna r. A'Jci;'l':"~ "':'
Notary Public in and f<'>:f'\"~l;}e' I/.! U I'e....,
County and State last. a'f,.r):e..!t"h~:.."", .
My Commies ion Expires:' '/..1,_) k-.- T .'_
Ser ial No., if any: - . 'J/~nJ-'" ."
~/.
I:'"
..",
NolIIT)' Public State of Florid, at larva
Jl.y Com~on ExpiIos July 17, 1.994.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name by its Board of Ci~y Commissioners acting by the Chairperson or Vice-Chairperson of
said Board, the day and year aforesaid.
T:
CITY OF CLEARWATER , Florida,
By Its ,City Council
PRINT
(or Depu
rk)
By:
Its Chairperson (or Vice-Chairperson)
NAME
ADDRESS
PARCEL 118. D5
PAGE 4
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PINELLAS COUNTY FLA.
OFF,REC.BK 8698 PG 1152
I
.
Rlta Garvey
Mayor-commissione
"
zabe N<'"D~ptula
ity,. M,a'na~,~rJ'.i"'
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Attest... 0 '. ..... ~c r ..
!JVy~~2?2;~~~
Ell' "....,.
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CITY OF CLEARWATER, FLORIDA
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By:
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. She is personally known to me and did j5t take an oath.
W>TWE" ,my hand and oWolal ,eal Chi, (to :::.. of mcu..J- .. ""..
lIrr N .!\ II) Il ~ ~~ ~. . ....,!!'...,,'{.,. DENISE A. W1{JON
J!l j lUX CA- t. . I . l f}':&'f'~ MY COMMISSION ICC 201'06 EXPIRES
rint/Type Name:~) J . ,/ I / C;O/...J''i;i..''';.;(7 BDHDEDTHR~u;.,:,):;I;:'::URAllGE,IHC
Notary Public b- ",,,"
STATE OF FLORIDA }
COUNTY OF PINELLAS }
If/a n 5
appeared Elizabeth M. Deptula, the City Manager of the
who acknowledged that she executed the foregoing
personally known to me and did n~:ake an oath.
official seal this Jia.. day of J1jf1Lt6 _ , 1994.
/i;;'i;,~;;,.". DENISE A. WilSON
t~ _;g: ~:~ MY COMMISSION Ii CC 201408 EXPIRES
'""-:;1~<i.~.-: June 18. 1996
'-'..'i't.,f,-,..' BONDED THRU TROY fAIN INSURANC~. lUG
BEFORE ME personally
above named City,
instrument. She is
WITNESS my hand and
and correctness:
., City Attorney
_ t) .rnt- er- 1;7'7
PARCEL 118.05
PAGE 5