SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 114.05
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1NST 1194-174244
JUN 14, 1994 6:59PM
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PINELLAS COUNTY FLA,
OFF.REC,BK 8698 PG 1130
This instrument prepared by, or
under the direction t
Kenno,''' G, Wing'
Assistant C:n:.:~c.: Counsel
Department of Transpo tation
11201 N. Malcolm McKi ley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
114.05
7117045
55
PINELLAS
15150-2566
~~'rr'i.J l~ N
10~ FLORIDA DE!'T. OF TRANSIIORTATJON
ATTN: M.S. 7-900,lUGIJT OF WAY
MARIA CAIU\.1EN HERNANDEZ
11201 N, MALCOLM MCKINLEY DIL
TAMPA, FLORIDA 33612-6403
Legal Descri,Ptiop. Approved: , ) / /. ,h4. //~
Date: /.AL3~/<?7 By:~ L/~
I~ ~-I'I i I II ~? .
J' r- ,u" r- 10' .'V SuBORDINATION OF CITY UTILITY INTERESTS
:r: (.) 0 t) N a.-:JJ tL !~:
_OOWCI:LI)t-OW :.ill- 10
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THIS AGREEMENT, entered into this l day of .J....>1e. ,199.!L, by and between the
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 S:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHE,ftEAS, the proposed use of these lands for highway purposes will r,!=quire
subordination of the interest claimed in such lands by city to the FOOT; and
~EREAS, 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 agree as follows:
City hereby subordinates to the interest of FOOT, its successorsr or assigns, any
and all of its interest in the lands as follows, viz:
That part of:
The Southwest 1/4 (SWl/4) of the Southwest 1/4 (SWl/4J of Section 8, Township 29 South,
Range 16 East, LESS AND EXCEPT THE Right of Way of U.S. 19 over the West 100 feet thereof,
situate, lying and being in the County of Pinellas, state of Florida.
LESS:
Begin at Southwest corner of Sec. 8, Township 29 S, Range 16 E and run thence S 89056'22"
E along the South line of Section 8, 100.00 feet to a point on the East right of way line
of U.s. Highway 19; thence N 00054'41~ E, along said East ~ight of way line 50.01 feet to
a point on the North right of way line of Drew street; thence 5.89056'22" E along said
North right of way line 600.00 feet for a P.O.S,; thence N 00"54'41" E, 1,297.64 feet;
thence S 89"44'11" E, 651.31 feet; thence S 01"10'48" W, 1,295,44 feet to a point on the
North right of way line of Drew Street; thence N 89056'22" W along said North right of way
line 645.27 feet to P.D.B. .
PARCEL 114.05
PAGE 1
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KARLEEN F, DEBLAKER, CLERK
.....\ ,1>./ t, F ~~.
I. I .,
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I PINELLAS COUNTY FLA,
OFF.REC.BK 8698 FG 1131
This instrument prepared
Und.-;{en~~;rl ~~~.~~: ion
Assistant ,c,. ".' ".' ,
, ,~' ~-: ",'" '..1 ,~,uU;iS:':";'
Department of Trans,
Containing 19~29 acres more' or less.
LESS:
Begin at Southwest corner of Sec. e, Township 29 S, Range 16 E and run thence S 69056'22"
E along the South line of said section e, 100.00 feet to a point on the East right of way
line of U.S. Highway 19; thence N 00054'41" E, along said East right of way line 50.01 feet
to a point on the North right of way line of Drew street; thence S 69056'22" E along said
North right of way line 560.00 feet for a P.D,B.; thence N 00054'41" E, 1,297.71 feet;
thence ~ 89D44'11" E, 20.00 feet; thence S 01D10'48" W, 1,297.64 feet to a point on the
North right of way line of Drew Street; thence N 69056'22" W along said North right of way
line 20.00 feet to P.D.B. .
Containing 0.60 acres more or less.
LESS:
'Beginning from the Southwest corner of 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 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 Nortt>erly right-of-way line of Drew Street, Soutt> 69 deg. 56'22" East, 340.00 feet
for a Point o't Beginning #2; -thence proceed North 0 deg. 03' 38" East, 60.00 feet; thence
North 0 deg. 54'41" East, 1236.56 feet; thence South 69 deg. 44'11" East, 240.66 feet;
thence South 0 deg. 54'41" West, 1147.71 feet; thence North 69 deg. 56'22" West, 125.00
feet; thence Soutt> 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 69 deg. 56'22" West, 115.00
feet to the Point of Beginning 12.
LESS:
Beginning from the Southwest corner of 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 ot Drew street, South 89 deg. 56/22" East, 100~OO feet; thence
North 0 deg. 54'41" East, 50.01 feet to tt>e 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 rigt>t-of-way line of Drew Street, South 89 deg. 56'22" East, 340.00 feet;
thence proceed North 0 deg. 03'36" East, 60.00 feet; thence North 0 deg. 54'41" East,
501.45 feet to Point of Beginning 11.
From said Point of Beginning #1 proceed North 89 deg. 56'22" West, 299.12 feet; thence
North 0 deg. 54'41" East, 210.00 feet; thence North 69 deg. 56'22" West, 40.00 feet to the
Easterly right-af-way of U.s. 19; t"hence along said Easterly right-ot-way line North 0 deg.
54'41" East, 528.31 teet; thence South 89 deg. 44111" East, 339.10 feet; thence South 0
deg. 54'41" West, 731.11 feet to the Point of Beginning 11.
LESS:
Beginning from the Southwest corner of the said Section 8, Township 29 South, Range 16
East, also the point of intersection at centerlines of rights-of-way for u.S. 19 and Drew
Street, run thence along the centerline of 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 anct the Northeriy right-of-way line of said Drew
Street; run tt>ence along the saict Nortt>erlyright-of-way line of Drew Street, South e9 deg.
PARCEL 114.05
PAGE 2
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P1NELLAS COUNTY FLA.
OlF.REC.BK 8698 PG 1132
This instrument prepared
Under the direction
Ker.r:.;:'
Assistant '::
Department
-: r:;. V/ing
'-,-,1 '"':-nl,r:r::r--!
of Trans
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 ~eg. 56'22" West, 339.12 feet to the said
Easterly right-af-way line of U.S. 19, alBa 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 feet; 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.
LESS:
i 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.00oS4'4l"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 ot' the said Drew Street: Run thence along the
said Northerly right of way line of Drew Street, S.890S6'22"E., 340.00 feet: Thence
N.OQoQO'38hE., 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 N437c49'49"w.;
thence N.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.37024'13"W., to the said Easterly right of
way line of U.S. 19: Thence along the said right of way line N.00oS4'4l"E., 205.00 feet:
Thence S.890S6'22"E., 339.12 feet: Thence s.000S4'41"W., 501.45 feet to the Point of
Beginning No.2.
AND:
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 said Drew. street S.B9c56'22"E., 100.00 feet:
Thence N.OOo54'41nE~, 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 the said Drew Street, S.890S6'22"E., 340.00 feet:
Thence N.Ooo03'38"E., 60.00 feet for a Point of Beginning No.2: Thence run along a curve
to the left, radius 170.00 feet arc 100.05 feet, chord 98.61 feet, chord bearing
N.16047'SS.S"W.,: Thence N.00oS4'41"E., 407.07 feet: Thence S.890S6'22"E., 30.00 feet:
Thence S.OQ054'41"W., 501.45 feet to the Point of Beginning No.2.
0.302 acres more or less.
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 2508.79 feet along the South "boundary of the southwest 1/4 of said Section
8; thence N.00003'11"E., a distance of 50.02 feet to the North right-of-way line of Drew
Street and the POINT OF BEGINNING; thence N.89055'13"W., a distance of 80.63 feet along
said North right-of-way line to its intersection with the East right-of-way line of u.s.
#19; thence N.00054'39"E., a distance of 356.34 feet along said East right-of-way line of
u.s. #19; thence from a tangent bearing of S.00D54'45~W., Southeasterly, 92.55 feet along
the arc of a curve to the left, having a radius of 100.00 feet and a central ang+e of
53001'28" (chord bearing S.25036'OO"E., 89.28 feet) to a curve; thence from a tangent
bearing of S.00g31'46"W., Southerly, 51.33 feet along the arc of a curve to the right,
having a radius of 7,649.44 feet and a central angle of 00023'041' (chord bearing
S.OOg43'18"W., 51.33 feet) to a point of tangency; thence S40Qo54'SO"W., a distance of
1a2.97 feet to a point of curvature; thence Southeasterly, 41.15 feet along" the arc of a
curve to the left, having a radius of 40.00 feet and a central angle of 58056'58" (chord
PARCEL 114.05
PAGE 3
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, PINELLAS COUNTY FLA,
~FF.REC.BK 8698 PG 1133
This instrument prePfaed ,
Under the direction 0
Ker.ns~:l G. V,.'!ng
DeA~~~t~~~~""~f.'! ;;l~~;~ tat ion
or
bearing S.28"33'39'E., 39.36 feet); thence N.3l'S7'S2"E., a distance of 5.00 feet; thence
S.64'3S'S2"E., a distance of 8.00 feet; thence S.18'SO'23"W., a distance of 5.00 feet;
thence E~sterly, 13.12 feet along the arc of a curve to the left, having a radius of 40.00
feet and a central angle of 18"47'12" (chord bearing S.80'33'13"E., 13.06 feet); thence
S.00'03'll"W., a distance of 0.98 feet to the POINT OF BEGINNING.
Containing 12,446 square feet, more or less.
RECORDED
NATURE OF DATE FROM TO O.R.
ENCUM8RANCE BOOK/PAGE
EASEMENT 05/07/73 KENNEDY BROTHERS, CITY OF CLEARWATER 4028/18
INC. a Florida
corporation
EASEMENT 12/02/87 LIFE SAVINGS BANK CITY OF CLEARWATER 6663/187
and V. JACK
KENNEDY
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 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 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 B.uch rights do not interfere with the operation and safety of the FOOT's
facilities. .
4. The City agrses to repair any damage to FOOT facilities and to indemnify the FOOT
PARCEL 114.05
PAGE 4
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.., PINELLAS COUNTY FLA,
OFF.REC.BK 8698 PG 1134
This instrument prepared
Under ~~r:~~r~~~fn~n 0
As~islant (:.' ~"i;?;:::') Counsel
Department at Transpo
against any loss or damage resulting from the City exercising ita rights outlined
in Paragraphs land 3 above.
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day, and year
first above written.
Signed, sealed and delivered
the presence {:
in
STATE
SPORTATION
Li_ll
WITNESS I -r=- I j
PRINT N~ .""',,.....;. I,Jwc-
1701- 1- (Qun1Jl~
WITNESS n h L \
PRINT NAME 1:>0 . (_ flMef\S
By:
o irecto
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing instrument was acknowledged before me this
June , 1994 ,by Kenneth A.' Hartmann
OF PRODUCTION for District VII , who is 'personally known to me ex
~a ~non~1fj~4~ien.
3rd
day of
DIRECTOR
pJ:::GdwwC'J.,
,
wl~o l.a.s
~t~
, - .~. '-';0 '"
PRINT NAME Deanna L _ Alcerrqan' ..,-."''''~,,-,~ ":::'-"''''''-:.
r- /. .
Notary Public in and for .t.lja' 'f ()> "'.- -:;.. ~.
County and State last afQresaid<'./f., ,~: J. ~o.
My Commies ion Expires] " c0,_ \:' ~ :~
Serial No., if any: . ;., t./ f_, , ~~
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.~". ."~.. ...:~~r~';.,.t
"0 ..,.." ",,0.
""""""",,,,,'
,_,'::0,
NotarY Public Slate of Florida at large
My Commls$ion fxpJres July 1], 1.00(,
PARCEL 114.05
PAGE 5
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. PINELLAS COUNTY FLA.
OtF,REC.BK 8698 PG 1135
Rita Garvey
Mayor-Commissione
CITY OF CLEARWATER,' FLORIDA
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Attest. - --' ~ .' \. I L /. '~If.- .
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By:
~
lerk
n:
STATE OF FLORIDA }
'COUNTY OF PINELLAS }
BEFORE ME personally appeareQ Rita' Garvey, the Mayor-Commissioner of the
above nameQ City, who acknowleQgeQ that she executeQ the foregoing
instrument. She is personally known to me anQ QiQ ot take an oath.
WITNESS my hanQ anQ official seal this/~ Qay of , 1994.
~ - C6IiJ~ \ ',..,-;;~"I"... OENISE",Wlh~ON
1\/ I rv'\ ' ' '!:d' L'!A'..."~~;-, MY COMMISSION I CC ~01~06 EXPIRES
LJI..J ~ . I '. _ it" ;., Juno 16, 1996
rin"tjType Name: ) .' . ) (.c,-()0'~;(~i.:iit' aoNDfllIH!llJTRO"Ir"N1"SU""Cf,11lC
Notary Public '
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 , 1994.
4:;;":'~~. DENISE A. WILSON
,.( .0,\ j MY COMMISSION N CC 201406 EXPIRES
~>~j~.i June 18,1996
(JU 'F.;,~,n-.,'" 1I0NDfDTHflUTROY FAIHINSUFiAHCe, INC,
., City Attorney
Jl- '.......L-/J-ce,.-/:.r,
PARCEL 114.05
PAGE 6