SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 117.07
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INS T II 91; - 1 7 I; 21; 6
I JUN 11;, 199~ 6: 59PM
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PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 111;2
This instrument prepare by, or
under the directio f
Kenn~"" G. Wing
Assistant G?n!?ial Counsel
Department of Trans ortation
11201 N. Mal=olm Mc inley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
ll7.07
7117045
55
PINELLAS
15150-2566
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Legal Descr ~ption Approved: L.' /,--,LL. ..0/ / .
Date: ;2.'!f/p~ By:d:~/~
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FLORIDA DEPT. OF TRANSPORTATION
ATTN: M,S. 7-900, RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N, MALCOLM MCKINLEY DR,
TAMP A, FLORIDA 336\2-6403
9J ~fLror ' I 'r -;
~ ~I III ~ 'tJ SUBORDINATION OF CITY UTILITY INTERESTS
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<<'-' c: 0 0 ~Il':rS) A I'mi:MiNT, entered into this ~ day of .June ,1994, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the CITY
OF CLEARWATER , a municipal corporation, hereinafter called city~
WIT N E SSE T S:
WHEREAS, the City presently has an interest in certain lands that have beert
determined necessary for highway purposesj 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 FDOTj and
WHEREAS, the FOOT is willing to pay to. have the City's facilities relocated if
necessary to prevent conflict between the facilities BO that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of the,mutual covenants and promises of the parties
hereto, City and FOOT 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:
Beginning from the Southwest corner of Section B, Township 29 South, Range 16 East, also
the point of intersection of centerlines ot rights-ot-way tor U.s. 19 and Drew Street, run
thence along the centerline of Drew Street, South 89 deg. 56'~2" East, 100.00 feet; thence
North 0 deg. 54'41" East, 50.01 feet to the intersection of the Easterly right-oi-way line
of U~S~ 19 and the Northerly rights-at-way line of said Drew Street; run thence along the
said Northerly right-at-way line of Dr'ew Street, South 89 deg. 56'22" East, 340.00 feet
for a Point of Beginning #2; thence proceed North 0 deg. 03'38" East, 60.00 feet; thence
North 0 deg. 54'41" East, 1238.56 feet; thence South 89 deg. 44'11" East, 240.88 feet;
thence South 0 deg. 54'41" West, 1147.71 feet; thence North 89 deg. 56'22" West, 125.00
feet; thence South 00 deg. 54' 41" West, 150.00 feet to the said Northerly right-Of-way line
of Drew Street, thence along the said right-of-way line North 89 deg. 56'22" West, 115.00
feet to the Point of Beginning #2. Subject to water main easement as recorded in O.R. Book
5238, Pages 1081 & 1082, Pinel1as County, Florida. '
PARCEL ll7. 07
PAGE 1
KARLEEN F. DEBLAKER, CLERK
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PINELLAS COUNTY FLA.
fFF.REC.BK 8698 PC 11~3
This instrument prepared by, or
Under the direction t
Kenne\ll G. Wing
~~~~e~~n~C~~C~~:;~ ortation
said Parcel containing 6.747 acres more or leBB~
Together with the following described ingress and egress easement':
Beginning from the Southwest corner of said Section 8, Township 29 South, Range 16 East,
also the 'point of intersection of centerlinee of rights-at-way for U.S. 19 and Drew Street,
run thence along the centerline at the said Drew street South 89 deg. 56'22" East, 100.00
teet; thence North 00 deg. 54'41" East, 50.01 teet to the intersection at the Easterly
right-af-way line of u.s. 19 and Northerly right-af-way line of said Drew street; run
thence along the said Northerly right-at-way line at the said Drew street, South 89 deg.
56'22" East, 340.00 teet; thence North 00 deg.03'38" East, 60.00 feet for a Point of
Beginning #3; thence run along a curve to the left having a radius of 170.00 feet, an arc
at 100.05 teet, a delta of 33 deg. 43'13", a chord at 98.61 teet a chord bearing of North
16 deg. 47' 55.5" West; thence North 00 deg. 54'41" East, 407.07 feet; thence south 89 deg.
56'22" East, 30.00 feet; thence South 00 deg. 54'41" West, 501.45 feet to the Point at
Beginning #3.
Containing 0.302 acres more or less.
AND
Beginning from the Southwest corner of Section 8, Towne'hip 29 South, Range 16 East, also
the point of intersection of centerlines of rights~of-way for u.s. 19 and Drew street, run
thence along the centerline of Drew street, south 89 deg. 56'22" East, 100.00 feet; thence
North 0 deg. 54'41" East, 50.01 feet to the intersection of the Easterly right-of-way line
of U.S. 19 and the Northerly rights-of-way line of said Drew Street; run thence along the
said Northerly right-of-way line of Drew Street, ~outh 89 deg. 56'22" East, 340.00 feet;
thence proceed North 0 deg. 03'38" East, 60.00 feet1 thence North 0 deg. 54'41" East,
501.45 teet to Point of Beginning #1.
From said Point at Beginning #1 proceed North 89 deg. 56'22" West, 299.12 feet; thence
North 0 deg. 54'41" East, 210.00 feet; thence North 89 deg. 56'22" West, 40.00 feet to th'i'
Easterly right-at-way at U.S. 19; thence along said Easterly right-of-way line North 0 deg.
54'41- East, 528.31 feet; thence South 89 deg. 44'11" East, .339.10 feet; thence South 0
deg. 54'41" West, 737.11 feet to the Point of Beginning #1. ~6bject to water main easement
as recorded in O.R. Book 5238, pages 1081 & 1082, Pinellas"County, Florida.
Said Parcel containing 5.500 acres more or less.
Together with the following described 'ingress and egress easement: Beginning from the
Southwest corner c'f said Section 8, Township 29 South, Range 16 East, also the point of
intersection of centerlines of rights-at-way for u.s. 19 and Drew Street, run thence along
the centerline at the said Drew Street South 89 deg. 56' 22" East, 100.00 feet; thence North
00 deg. 54'41" East, 50.01 feet to the intersection of the Easterly right-of-way line of
u.s. 19 and Northerly right-ai-way line of the. said Drew Street; run thence alang the said
Northerly right-at-way line of the said Drew Street, South 89 deg. 56'22" East', 340.00
feet; thence North 00 deg. 03'38" East, 80.00 teet for a Point of Beginning #3; thence run
along a curve to the left having a radius of 170.00 feet, an arc of 100.05 feet, a delta
of 33 deg. 43'13", a chord of 98.61 feet a chord bearing of North 16 deg. 47'55.5" West;
thence North 00 deg. 54'41" East, 407.07 feet; thence South 89 deg. 56'22" East, 30.00
teet; thence South 00 deg. 54'41" West, 501.45 feet to the Point at Beginning '3.
Containing 0.302 acres more or less.
AND:
PARCEL 117.07
PAGE 2
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This instrument prepared by, or
Unde>;. the direction ~
. K.enn:!f~ G. '!Iring .
Asslslant eo:" .o;al Counsel
Department of Transp rtation
PINELLAS COUNTY FLA.
IOFF.REC.BK 8698 PG 111;4
Beginning from the southwest corner of the said Section 8, Township 29 South, Range 16
East also the point of intersection of centerlines of rights-of-way for U.S. 19 and Drew
stre~t run thence along the centerline of the said Drew Street, South 89 deg. 56'2.2" East,
100.00' feet; thence North 00 deg. 54'41" East, 50.01 feet to the intersection of the
sasterly right-of-way line of U.S. 19 and the Northerly right-of-way line of said Drew
street; run thence along the said Northerly right-of-way line of Drew Street, South 89 deg.
56'22" East, 340.00 feet; thence North 00 deg. 03'38" East, 60.00 feet; thence North 00
deg. 54'41" East, 501.45 feet; thence North 89 deg. 56'22" West, 339.12 feet to the said
Easterly right-of-way line of U.S. 19, also the Point of Beginning #4; thence run along
the said right-of-way line, North 00 deg. 54'41" East, 210.00 feet; thence South 89 deg.
56'22" East, 40.00 fest; thence South 00 deg. 54'41" West, 210.00 feet; thence North 89
deg. 56'22" West, 40.00 feet to the Point of Beginning #4. containing 0.193 acres more or
less.
Lying within the following described boundaries, to-wit:
PART "All
COlM\ence at a railroad spike marking the Southeast corner of the Southwest 1/4 of Section
S, Township 29 South, Range 16 East, Pinellaa County, Florida, run thence N.89056'49"W.,
a distance of 2689.93 feet along the South boundary of the Southwest 1/4 of said Section
8 to the Southwest corner of the Southwest 1/4 of said Section 8; thence along the West
boundary of the Southwest 1/4 of said Section 8, N.00"54'50"E., a distance of 1350.02 feet
to the Northwest corner of the Southwest 1/4 of the southwest 1/4 of said Section 8; thence
S.89"44'18"E., along the North boundary of said Southwest 1/4 of the Southwest 1/4, a
distance of 99.68 feet to the existing East right-of-way line of U.S.#19 and the POINT OF
BEGINNING; thence S. B9" 44' l8"E., a distance of 33.64 feet along said North boundary of the
Southwest 1/4 of the southwest 1/4; thence S.0l"36'39"E., a distance of 214.51 feet to a
point of curvature; thence Southerly, 400.66 feet along the arc of a curve to the right
having a radius of 6044.60 feet and a central angle of 03"47'52" (chord bearing and
distance of S.00"17'17"W., 400.59 feet) to a ~oint of tangency; thence S.02"II'13"W., a
distance of 123.14 feet; thence N.89D56'24"W., a distance of 44.70 feet to the East 'right-
of-way line of U. S ./19; thence N. 000 54' 39"E., 738.26 feet along said East right-of-way line
to the POINT OF BEGINNING.
containing 0.756 acres, more or l~ss.
PART "B"
Commence at a railroad spike marking the Southeast corner of the Southwest 1/4 of Section
8, Township 29 South, Range 16 East, Pinellas County, Florida, run thence N.89056'49"W.,
a distance of 2009.16 feet along the South boundary of the Southwest 1/4 of said Section
8; thence N.Ooo03'11"E., a distance of 50.00 feet to the North right-of-way line of Drew
Street; thence N.~0"54'56nE., a distance of 149.74 feet to the POINT OF BEGINNING; thence
N.89056'47"W., a distance of 59.01 feet; thence N.05035'41"E.,' a distance of 49.03 feet;
thence N.Ooo54'56""E., a distance of 500.00 feet; thence N.0300S'19"W., a distance of 100.24
feet; thence N.Ol,029'18"E., a distance of 100.01 feet; thence N.0301S'22"E" a distance
of 146.92 feet; thence N.00018'32"E., a distance of 252.38 feet to the South boundary of
CLEARWATER "19" COMMERCE PARK, according to the map or plat thereof, recorded in Plat Book
95, Page 1, of the Public Records of Pi~ellas County, Florida, also being the North
boundary of the Southwest 1/4 of the Southwest 1/4 of said Section 8; thence along said
boundary, S.89"44'18"E., a distance of 57.68 feet; thence S.00"54'56"W., a distance of
1147.81 feet to the POINT OF BEGINNING.
PARCEL 117.07
PAGE 3
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PINELLAS COUNTY FLA.
1jF.REC,BK 8698 PG 111;5
This instrument prepa
Under the direction
Kenns',h G. Wing
Assistant S2n~~ral Counsel
Department of Trans ortation
I containing 1.492 acres, more or lese.
PART "C"
Commence at a railroad spike marking the Southeast corner of the Southwest 1/4 of Section
8, Township 29 South, Range 16 East, Plnellae County, Florida, run thence N.89056'49"W.,
a distance of 2009.16 feet along the South boundary of the Southwest 1/4 of said Section
8; thence N.00"03'11"E., a distance of 50.00 feet to the North right-of-way line of Drew
Street; thence N.00"S4'S6"E., a distance of 1297.55 feet to the South boundary of
CLEARWATER "19" COMMERCE PARK, according to the map or plat thereof, recorded in Plat Book
95, Page 1, of the Public Records of Pinellaa County, Florida, also being the North
boundary of the southwest 1/4 of the Southwest 1/4 of said section 8; thence along said
boundary, N.89"44'18"W., a distance of 57.68 feet to the POINT OF BEGINNING; thence
S.00"18'32"W., a distance of 252.38 feet; thence N.89"OS'04"W., a distance of 113.16 feet;
thence N.49"16'44"W., a distance of 67.48 feet; thence N.00"S4'S6"E., a distance of 207.31
feet to the.South boundary of CLEARWATER "19" COMMERCE PARK, according to the map or plat
thereof, recorded in Plat Book 95, Page 1 of the Public Recorda of Pinel~as County,
Florida, also being the North boundary of the Southwest 1/4 of the southwest 1/4 of said
Section 8; thence along said boundary, S.~9044'18'"E., a distance of 162.34 feet to the
POINT OF BEGINNING.
containing 0.919 acres, more or leas.
Parcel 117 containing a total of 3.167 acres, more or les8.
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
EASEMENT 07/30/86 AUTOMANAGE, INC. CITY OF CLEARWATER 6366/1049
EASEMENT 07/30/86 AUTOMANAGE, INC. CITY OF CLEARWATER 6366/1051
EASEMENT 04/07/87 AUTOMANAGE, INC. CITY OF CLEARWATER 6493/313
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, wit~in, and upon the lands described
herein in accordance with the FDOT's current minimum standards for such facilities
as required by the FDOT, 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
FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
PARCEL 117.07
PAGE 4
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PINELLAS COUNTY FLA.
fFF.RECCBK 8698 PC 11~6
This instrument prePTPre by,
Under the directiO~ f
Kenneth G. Wing
Assistant Ganeml Counsel
Department of Trans ortation
or
including I 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 provisiona, 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 tr~eB,
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 FOOT's
facilities.
4. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT
against any lOBS or damage resulting from the City exercising its rights outlined
in Paragraphs ~ 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
t~~e~nce o~: .
WITNESS. lL
:JjCi?Zi;~~~\Nd'
WITNESS D L r l
PRINT NAME D()b - . f1'M't'l5
SPORTATION
VII
ADDRESS 11201.N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
OF
The foregoing
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PRODUCTION
instrument
, 199 4
for District
was acknowledged before me
, by Kenneth A. Hartmnnn
VIr , who ,is personally known to
as igQRE.ifioal':'o,,},.
this 3cd
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me or ./RS h.:as
day of
DIRECTOR
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PRINT NAME Deanna L. Alderman". ~c, 'r.'.
Notary Public in and fO,i]., t-li-:a '-," ['/ r - . ,~
County ~nd, State ~aBt'-,'.,a'r~~r~,~id~- L Li ..,' ..:"f
My Comm~BB~on Exp~reB:; .-.', ~~<, ._"",<,:".~
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PARCEL 117.07
PAGE 5
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PINELLAS COUNTY FLA.
I OFF ,REC.BK 8698 PG 111;7
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Rlta Garvey
Mayor-Commission r
By:
CITY OF CLEA~WAT~R, FLORIDA
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STATE OF FLORIDA )
COUNTY OF PINELLAS }
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erk
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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 m~ and did ~take an oath.
W[1ITNESS my ha)nd~and4JOff~~~~l'al seal this /10 day of ::::Dt 1994.
. "'"'''' DENISE A. ES
, f'A ) J'J J... I . /iA"""'~?;" MY COMMISSIO~ NC{; 201<06 EXPIR
Print/Type Name: -f' )1' '. I,)() rei ');J JDT""~:;I;~~U""'CE.It<:
, ~- --~ ~"".,',&,., BOJiOEOT\1RU "'"
Notary Publlc "''',~r.,~",
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 me and did ~Atake an oath.
official seal this lk day of :LLLa~ ' 1994.
,_'-i'!itf.~?~.-.. DENISE A. WILSON
!-"k' "', MY COMMISSION N CC 201408 EXPIRES
~::"'.~~.:.;.-'- JunelB,1996
'<(.?fj~'t,'- BONDED THAU TROY fAIN INSURANCE,INC.
WITNESS my hand and
,)
Notary Public
Print/Type Name:
d correctness:
Il- / c'H
, City Attorney
Z 1'1"1/11 . t... ..k rJ i'e ,r { ">1
PARCEL 117.07
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