SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 116.03
,
I
INST # 94-174245 I
JUN 14, 1994 6:59PM -
PINELLAS COUNTY FLA,
OFF.REC,BK 8698 PG 1136
This instrum, eot prep]2ared by, or
under the direction 0
Kenn:~:; G. lNing
Assistant (~:::r::).;:.:.1 Counsel
Department of Trans tatioo
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION
116.03
7117045
55
PINELLAS
15150-2566
Legal Des~iption
Date: /A :Z71YcJ
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'.U'FLORIDA DEPT. OF TRANSPORTATION
ATTN: M.S. 7-900, RIGHT OF WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLEY DR.
T AMrA, nORlDA 33612.6403
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I I I~ SUBORDINATION
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OF CITY UTILITY INTERESTS
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THIS AGREEMENT, entered into this ~ day of JuY\e.. ,1991:" 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 H E SSE T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined 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 FOOT; and
WHEREAS, the FDOT 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 FOOT agre.e 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 the said Section 8, Township 29 South, Range 16
East, Also the Point of Intersection of Center lines of Rights of Way for U.S. 19 and Drew
Street: Run thence along the Centerline of the said Drew Street S.89056'22"E., 100.00 feet:
thence N.00054'41"E., 50.01 feet to the intersection of the Easterly right of way line of
U.S. 19 and the Northerly right of way line of the said Drew Street: Run thence along the
said Northerly right of way line of Drew Street, S.89056'22"E., 340.00 feet: Thence
N.OooOO'38"E., 60.00 feet for a Point of Beginning No.2: Thence run along a curve to the
left, radius 170.00 feet, arc 224.85 feet, chord 208.81 feet, chord bearing N.37049'49"w.;
thenceN.75043'15"W., 135.18 feet: Thence along a curve to the right, radius 100.00 feet,
arc 133.75, chord 124.00 feet, chord bearing N.37'24'13"W., to the said Easterly right of
way line of U.S. 19: Thence along the said right of way line N.Ooo54'41"E., 205.00 feet:
PARCEL 116.03
PAGE; 1
2)
KARI,EEN F. DERLAKER, CLERK
]
PINELLAS COUNTY FLA.
~FF.REC.BK 8698 PG 1137
This instrument prepared by, or
Under the direction~
Kenng~~l G, VVing
C:~~~k~dg2~fC~~~ rtation
Thence S.B9DS6'22"E., 339.12 feet: Thence S.00DS4'4l"W., 501.45 feet to the Point of
Beginning No.2.
LESS THE FOLLOWING DESCRIBED PROPERTY:
Beginning from the Southwest corner of the said Section 8, Township 29 South, Range 16
East, also the Point of Intersection of CenterlineB of RightB of Way for U.S. 19 and Drew
Street: Run thence along the Centerline of said Drew Street S.89056'22nE., 100.00 feet:
Thence N.00DS4'4l"E., 50.01 feet to the interBection of the Easterly right of way line of
U.S. 19 and the Northerly right of way line of the Baid Drew Street: Run thence along the
Baid Northerly right-of-way line of the Baid Drew Street, S.B9DS6'22"E., 340.00. feet:
Thence N.OQo03'3SnE., 60.00 feet tor a Point of Beginning No.2: Thence run along a curve
to the left, radiuB 170.00 feet arc 100.05 feet, chord 9B. 61 feet, chord bearing
N.16D47'SS.S"W.,: Thence N.00DS4'4l"E., .407.07 feet: Thence S.B9DS6'22"E., 30.00 feet:
Thence S.00DS4'4l"W., 501.45 feet to the Point of Beginning No.2.
0.302 acres more or ,less.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED
TRACTS DESIGNATED AS TRACTS "B", "C", AND D":
TRACT "B": A 40 foot augmenting easement for ingress and egress, being 20 feet each side
of the following described centerline which is dedicated in O.R. Book 402B, Page lB,
Pinellas.County Records:
Beginning at the Southwest corner of Section 8, Township 29 south, Range 16 East, Pinellas
County, Florida, said point also being the point of intersection of centerlines of rights
of way for U. s. 19, and I;)rew street; thence along the centerline of Drew Street,
S.B9'S6'22"E., 100.00 feet; thence leaving said line N.00DS4'4l"E., SO.Ol feet to the
intersection with the easterly right of way line of U.S. 19 and the Northerly right of way
line of Drew Street; thence along the Northerly right of way line of Drew Street,
S.B9DS6'22"E., 320.00 feet to the point of beginning. Thence N.00D03'3B"E., 60.00 feet to
a point of curve; thence along the arc of a curve to the left, radius 150.00 feet, arc
19B.40 feet, chord N.37'49'49"W., 1B4.2S feet to a Point of Tangency; thence N. 7SD43 'lS"W.,
135.18 feet to a point of curve; thence along the arc of a curve to the right, radius
120.00 feet, arc 90.13 feet, chord N.S4Dll'OO"W., BB.ll feet to a point on the Easterly
right of way line of U.s. 19, the point of termination. Said right of way line also being
the termination of the Northerly and Southerly limits of said easement, provided should
such easement be vacated at any time the property shall revert entirely to grantor.
TRACT "C": A 30 foot augmenting easement for ingress and egress, being 15 feet each side
of the following described centerline:
Beginning at the Southwest corner of said Section 8, Township 29 South, Range 16 East,
Pinellas County, Florida, said point also being the point of intersection of. centerline
of rightB of way of U.S. 19 and Drew Street; thence along the centerline of said Drew
Street, S.B9DS6'22"E., 100.00 feet; thence N.00'S4'4l"., 50.01 feet to the interBection
of the Easterly right of way line of U.S. Highway 19 and the Northerly right of way line
of Drew Street; thence along the said Northerly right of way line of Drew Street;
S.B9DS6'22"E., 32S.00 feet to the point of beginning. Thence N.00D03'3B"E., 60.00 feet;
thence N.Ooo54'41"E., 501.45 feet to a point of termination of the centerlinee and the left
and right easement lines. The obligation for the maintenance of the easement described as
Tract "cn above shall be borne by grantees and the owners of interests in adjacent and
contiguous. property at such time as the easements become commonly used by such owners of
the interests in the adjacent and contiguouB property.
PARCEL 116.03
PAGE 2
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P1NELLAS COUNTY FLA.
IOFF.REC,BK 8698 PG 1138
This instrument prepared by, or
Under the directio
. Kenr.;:':i G. tVfng
Assistant::..: ~:;~.:J.l COlJns31
Department of TransJ~rtation
,
TRACT "0": A 40 foot augmenting easement for ingress and egress, described as follows:
Beginning from the Southweet corner of said Section 8, Twp. 29 S., Range 16 E., pinellas
County, Florida, said point also being the point of intersection of center lines or rights
of way for u.s. 19 and Drew street: Thence along the centerline of Drew street,
S.890S6'22"E., 100.00 feet; thence N.00oS4'4l"E., SO.Ol feet to the intereection of the
Easterly right of way line of U.S. Highway 19 and the'Northerly right of way line of said
Drew Street; thence along said Easterly right of way line of U.S. 19 N.00oS4'4l"'E., S61.46
feet to the point of beginning; thence continue along said right of way N.00oS4'41"E.,
210.00 feet; thence leaving said right of way S.89056'22"'E., 40.00 feet; thence
S.000S4'41"W., 210.00 feet; thence N.890S6'22"'E., 40.00 feet to the point of beginning.
Containing .193 acres more or less. Provided, however, no construction or improvements
shall be made upon said easement other than grading and paving. The easement may be used
by the owners of interest in adjacent and contiguous' property to said Tract "D'~ for the
placement of a decorative, directional sign and type of said sign to be mutually agreed
upon between grantee and the owners of interest in the adjacent and contiguous property
to said Tract "D". Grantee shall maintain said easement.
,
Lying within the following described boundary, to-wit:
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 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.OooS4'50"E., a distance at 407.90 feet;
thence S.89005'10"E~, a distance of 99.73 feet to the East right-ot-way line of u.s. #19
and the POINT OF BEGINNING; thence along said East right-af-way line, N.00054'39"E., a
distance of 205.00 feet; thence 5.890S6'24".E., a distance of 44.70 feet; thence
5.02011'13"W., a distance of 1.74 feet; thence S.06000'00"W., a distance of 94.78 feet to
a curve; thence from a tangent bearing of S.Ooo53'22"E., Southerly, 189.44 feet along the
arc of a curve to the right, having a radius of 7,649.44 feet and a central angle of
0102S'08"' (chord bearing S.00010'48"E., 189.43 feet) to a curve; thence from a tangent
bearing of N.52006'44'''W., Northwesterly, 92.55 feet along the arc of a curve to the right,
having a radius of 100.00 feet and a central angle of 53001'28" (chord bearing
N.2s036'OO"'W., 89.28 feet) to the POINT OF BEGINNING.
Containing 10,203 square feet, more or leBs.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO O.R.
800K/PAGE
CITY OF CLEARWATER 6663/185
EASEMENT
11/23/87
LIFE SAVINGS BANK
PROVIDED that the City has the following rights:
PARCEL 116.03
PAGE 3
1
P1NELLAS COUNTY FLA.
OIF.REC.BK 8698 PG 1139
This instrument prePfred y, or
Under the direction '
. Kenn~:"-; G. V}!ng
Assl::UJil:~: ....::.:.: Cuu:lsel
Department of Trans po tation
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 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
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 provisio~e, 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 FOOT's
facilities.
4. The City agrees to repair any damage to FDOT facilities and to indemnify the FOOT
against any loss Qr damage resulting from the city exercising its rights outlined
in Paragraphs 1 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
the presence of:
S+-CJ.U U
WITNESS =1 t L -,,- J \
PRINT &rr rr~~:~~d .Je I
WITNESS Q . " [
PRINT NAME PO)., L. '---- e V}1 e't 5
SPORTATION
By:
Dirac
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
PARCEL 116. 03
PAGE 4
I
I PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PG 1140
This instrument prePfd ,or
Under the direction
A "'I;'~ei;;~:~"~.. G.....\:.;:-Q
Dep:~~~:l:n~ _: ~f''':TvrO~~=~ tat ion
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
OF
The
June
PRODUCTION
foregoing instrument
, 1994
for District
was acknowledged before me
I by Kenneth A. Hnrrmnnn
VII , who is personally known to
as ia~-~lfie4eieR.
this
3rd
me gr
"hs
,
ha."
day of
DIRECTOR
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, PRINT NAME Deanna L. Ala:'"icrd,n V I C \ .J G j "'\
Notary Public' in and 'f'~6- .tqe "- .~.' "~I .:;,....'_.' ';',J'.,
... r Q~ ...c... .::. -.r;
County ~nd. state ~a8t a"f9~t7'I;}1~dt':. ~:. ...........~ :. .
My COmm~6S1.0n Exp~re8:' ""I,' 't> ' , .~,!/i _'
Serial No. I if any: : "!/"lIHll""
Pub\ cState'J ~l "lrlda ~l Large
_:~on ,""piles July 1l, !994,
IN ~ITNESS WHEREOF" the said grantor has caused these presents to be executed in its
name by its Board of City 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 NAME
Clerk (or Depu
rk)
By:
Its Chairperson (or Vice-Chairperson)
T NAME
ADDRESS
PARCEL 116.03
PAGE 5
I
I PINELLAS COUNTY FLA.
qfF.REC.BK 8698 PG ll~l
Ri a Garvey
Mayor-commissione
CITY OF CLEARWATER, FLORIDA
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By:
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Attest:
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ruCynth'
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C.1. ty =- lE!rk
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STATE OF FLORIDA }
COUNTY OF PINELLAS }
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BEFORE ME persona lly appeared Rita Garvey, the Mayor-Commissioner of the
above named City, who acknowledged that she executed the foregoing
instrument. She is personally known t.o me and did m take an oath.
WITNESS my hand/and Of,f icial seal this~ day of '-LLJ:1) d _ , 1994.
V\ ^ Iv (::'\ ()dJ , 11!ff){i ~ .<;;.-"it.... DENiSE A. Wll~ON
~ 1 ) N_ ) J.JL. . I'. g'b:~;l MY COMMISSION N CC 201'08 EXPIRES
Pnn jType Nam: ?)/ C, I h l'Sol..) ;~Jf~i;t BOHDEDTHA~D;'~;:;I;;~:D"HCl,It<:
Notary PubllC . '''R',,~''
STATE OF FLORIDA }
COUNTY OF PINELLAS }
BEFORE ME personally 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
4--1 e-YJ
1994.
J
/1t.~:'f~:;;.. DENJSE A. WILSON
[:("" A '''~~1 MY COMMISSION i/ CC 201400 EXPIRES
;-,,,:.~:.;'.i" June1B,1996
--;':,:r:,~f.:F;;'<f.:'" BCtlOED THRU TRD~ FAIN :NSUR4.NCE,lt,C.
., City Attorney
TrJf-,ey-{ ;..,..,
PARCEL 116.03
PAGE 5