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SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 111.06 ~' 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 I f "... ~~::>- I~ i I ~",. 41 0.0 . 0:; I- UJ..........~ :: p, 5 ~ ~ (j) I- ~<0a:aa~ f- oG: _, W Q,O ~~ l' i ~ V SUBORDINATION OF CITY UTILITY INTERESTS I U) UJ U. w'- u.O' 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 ~~ ."'L..-, " , PAGE 1 ,,' '-.1" _ /,,-> I r -tj.....;. ( ,>, ~ , . , /( ) '. " ~ .::.....J, T," ^ DT "'17"''' f;' T)T7'PT /':.VV'D r:T"RK 1 " 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__ .", (,\'I.()"Ij{" ~ JJ;~;<"<"'u", 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: . "...( .- .~ ,..... . 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 ..,' ,., : ,,: f.: .-"i'L (, "'. ..... ,~'':' 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 PAGE 4