SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 111.06
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I
INST lj 94-174243 I
JUN 14, 1994 6:59PM ~
PINELLAS COUNTY FLA,
OFF,REC,BK 8698 PG 1126
This instrument prepared y, or
under the direction 0
Kennsth G. l..V!nq
Assistant G'_',l'~~;2: :~0"""(1S[
Department of Tranep rtation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
111. 06
7117045
55
PINELLAS
15150-2566
",nURN WI
FLORIDA DEPT, OF TRANSPORTATION
ATTN: M.S. 7-900,/UGIIT OF WAY
MARIA CARMEN lIERNANDEZ
J 1201 N, MALCOLM MCKINLEY DR.
TAMPA, FLOIUDA 33612-6403
Legal Desc')ptij; APproved:dchi.. ~N h.?------
Date: /)-- >l 1 9.7 By: ~ /#f1'b
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i ~ V SUBORDINATION
OF CITY UTILITY INTERESTS
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THIS AGREEMENT, entered into this ~ day of :-r v Y1e. ,199~, 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 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 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 4 of THE CLEARWATER COLLECTION SECOND REPLAT according to th~ map or plat thereof as
recorded in Plat Book 107, Page 24, of the public records of P~nella9 County, Florida,
lying in Section 7, Township 29 South, Range 16 East, Pinellas/county, Florida.
Lying within the following described boundary, to-wit:
N.00054'50"E., a distance of 450.04 feet along the East boundary of the Southeast 1/4 of
the Southeast 1/4 of said Section 7; thence N.89039'39"W., a distance of 100,47 feet to
the existing (by Plat) West right-of-way line of U.s./19 and the POINT OF BEGINNING; thence
N.89039'39"W., a distance of 54.29 feet along the South boundary of LOT 4, THE CLEARWATER
COLLECTION SECOND REPLAT, according to map or plat thereof, recorded in Plat Book 107, Page
24, Public ,Records of Pinellas County" Fl'orida; thence N.00oS4'SO"E., a distance of 46.60
feet to the South boundary of Lot 3, said THE CLEARWATER COLLECTION SECOND REPLAT; thence
PARCEL 111. 06
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" P1NELLAS COUNTY FLA,
~FF,REC.BK 8698 PG 1127
This instrumQnt prQPar~y or
UndQr the direction 0
Kenn<:,'.h G. VJinQ
De~;~i~~~~~ "~~;~'~'~~:;~ ation
along said South boundary, S.89'33'lO"E., a ,distance of 54.25 feet to the aforesaid West
right-of-way line of u.s. #19; thence S.OQoSl'34RW., a distance of 46.50 feet along said
West right-of-way line to the POINT OF BEGINNING.
containing 2,526 square feet, more or less.
RECORDED
,
NATURE OF.
ENCUMBRANCE
EASEMENT
DATE
FROM TO, O.R.
BOOK/PAGE
MAURICE A. ROTHMAN CITY OF CLEARWATER 6605/84
MAURICE A. ROTHMAN CITY OF CLEARWATER 6698/907
EASEMENT
09/15/87
09/15/87
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 prio.r approval by the FOOT. Should the FOOT fail to
approve any new construction or relocation of facilities by the city or require the
tity 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 i~terfere with the operation and safety of the FOOT's
facilities.
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.
PARCEL 111. 06
PAGE 2
I
'I PINELLAS COUNTY FLA,
~FF.REC,BK 8698 PG 1128
This instrument pre par
Under the direction
Kenns:.:l G. 'I'./[ng
Assistanl Gepsial Cou0sel
Department of Trans
IN WITNESS WHEREOF, the FDOT hereto hag executed thi. agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence oft
~qo-II
;~i~~.J~ 5<oYe~ J:\)dwc\\
(Q2t i .aQ/JYQ"vvy
WITNESS J \. L C.I '
PRINT NAME---1')()Y) . oPt'Y\t'vt5
SPORTATION
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
OF
The foregoing
June
PRODUCTION
instrument
, 199 4
for District
was acknowledged before me
, by Kenneth A. H~rtmnnn
VII , who is personally known to
::II'" ia-......j fieaL.:.......l..
thiB
3rd
day ,.;.Sf
DIRECTOR
,
me -0...... .....ha Rae .t".........dut.:ed
\\t..\.~ltUUH'jJ"i__
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c/.... . i~;~ -; ;, :", , ..:?*lx' .
PRINT NAME Deanna r..A l>jerman .. .i. ()N\'t"
Notary Public in and fo:t.- -ilia., ~,(..-,:~.~.....~ 'rh
County and State last" af6.;esa,L'q,4'i'<I:':<'
My Conuniesion Expires: I....,..~'~'t:.::.,..,.'..
Serial No.., if any: . "...(
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. oJ'<
Nolaf)' Public Stale o. dJrida at Large
My commission Expi".luIy17, 1004.,
PARCEL 111. 06
PAGE 3
I
I PINELLAS COUNTY FLA. I
~FF.REC,BK 8698 PG 1129,
Rita Garvey
Mayor-Commissio
CITY OF CLEARWATER, FLORIDA
~ k fffi~
E zab~th';.,Deptula
1ty.Mary,ager ..,' ,.,
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t. t " . l . ___
Attest:: ': ',,, ..'.~r", 'I 1 -:' ;,
. .
,
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 ~take an oath.
WITNESS ,my "hand and of~icial seal this ik.,,~;:: of o~~t ' 1994.
~ JJj{ ) !). J! l2~ 11 ') I, L ;:fAf:\ MY COMMISS10NHCC 201408 EXPIRES
Print/Type l!ame: JSe-(/) \ Sf' ~ -If: fVI /5,OJ:::i;{oiJ.;iW BONOeornR~u;;,e;:;~:URA"",'NC
Notary PubllC ......
STATE OF FLORIDA }
COUNTY OF PINELLAS }
Notary Public
Print/Type Name:
appeared Elizabeth M. Deptula, the city Manager of the
who acknowledged that she executed the foregoing
personally known to me. and did ~take an oath.
off~cial seal this ~ ~:: of ~ ' 1994.
I /~:I"" '~'iF" DENISE A. WILSON
h"'~\j MY COMMISSION' CC 201408 EXPIRES
\ ~;~~~"',,~ June 16, 1996
. , ".f',9:::f,~"- BONDEOTHAUTROV',l,rNINSlJAANCE,INC.
BEFORE ME personally
above named City,
instrument. She is
WITNESS my hand and
o m and correctness:
If/a/?' S. Z,mmc-c
f
,
;;'ftny
City Attorney
PARCEL 111.06
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