SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 110.07
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IN::>! II ~4-114L4L
tUN 14, 1994 6:59PM
PINEtLAS COUNTY FLA.
OFF,REC.BK 8698 PG 1121
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This instrument p
under the directi
Kenn>:;'.h G, Wing
Assistant C'-': ,.",.., ,"_.,- . "r-.'
Department of' 'Tra portat ion
ll2ql N. Malcolm M Kinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION
110.07
7117045
55
PINELL1\S
15150-2566
i:.~ ~:'-IJ,~ --~
FLORIDA DEPT. OF TRANSPORTATION
ATTN: M.S, 7-900, RIGIlT 01" WAY
MARIA CARMEN HERNANDEZ
11201 N. MALCOLM MCKINLE\' DR.
TAMPA, FLORIDA 33612-6403
Legal Description APproved:d~/ ~
Date: '<;/')'d/?</ By: ~/, .
i~ 1~I'r4111 I III b1 J
J~:g ~;;: , ,I) I" 1 !J~ SUBORDINATION OF CITY UTILITY INTERESTS
_ C,) 0 UI (r (,,") f- U 1.- )LH !:_ i'-
- -< U t;: 0 o.p:Hi'S~GREEl'iENT~, entered into this L day of SlJ~e , 199!l, 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
.subordination of the interest claimed in such lands
for, highway, purposes will
by city to the FDOT; .and
require
,
"
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 ahd 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:
The North Three Hundred Feet (N 300 ft.) of the South Six Hundred Twenty Feet (S 620 ft.)
of the following, tract: Start at the Northeast (NE) Corner of section of 'Eighteen (18),
Township Twenty-Nine South (T 29 S)', Range S'ixteen East (R 16 E), and rUn North 89039'14"
West 100.02 feet; thence run South 01003' 04" West 400.02 feet to a point on the West
right~of-way line of U.S. Highway 19 (as it existed. bn and before August 2, 1968) for,a
Point of Beginning; thence continue South 01003' 04" West 940.61 feet along said
tight-of-way; thence North 89040'58" West 600.05 feet; thence North 01Q03'04" East 940.90
feet; thence South 89039'14" East 600.05 feet to Point of Beginning;
LESS AND EXCEPT the East Two Hundred Forty Feet (E 240 ft.) of the South One Hundred Thirty
'Feet' (5. 130 ft.) of the above described parcel (Ranch House Restaurant Lease); and also
LESS AND EXCEPT that part of the above described Parcel which was acquired by Pinellas~
County and the Florida Department of Transportation for additional right-Of-way for U.S.
Highway 19 Circuit Civil Action No. 28,366, Circuit Court for Pinellas County, Florida,
under Order of Taking filed and recorded July 12, 1971, in O.R. Book 3579, page 250; of
the public records of Pinellas County, Florida, a description of said part of the above
Parcel so taken appearing in O.H. Book 3579, page' 251.
PARCEL 110.07
PAGE 1
KARLEEN F, DEBLAKER, CLERK
RECORD VERIFIED BY: (~V;:'1-1
r
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_ PINELLAS COUNTY ~LA.
IFF,REC,BK 8698 PG 1122
This instrument prepare by, or'
Under the directi of
, Kenno!h G. Wing
ASSl.slanl Garl'2raJ rJ"l
Department o"t'"'~ah portation
p,NO
The North Three Hundred Feet (N 300 ft.) of the South Nine Hundred Twenty Feet (S 920 ~t.)
of the following described tract or parcel: ..;'
Start at the Northeast (NE) Corner of Section Eighteen (1S), Township Twenty-nine Sbuth
(T 29 5), Range Sixteen East (R 16 E) and run North 89039'14" West a'distance of 100.02
Feet; thence run South 01003'04" West a distance of 400.02 Feet to a poiht on the West
right-ofiway line of u.s. Highway 19 for a Point of Beginning: Thence continue South
Olt>04'04~' West. a distance of 940.61 Feet along said right-of-way 'line; thence run North
89040!58r' West a distance of 600.05 feet.; thence run North 01003'04" East a distance of
940.90 Feet; thence run South 89039'i4" East a distance of 600.05 .Feet to the Point. of
Beginning.
LESS AND EXCEPT:
I.Existing easements for lutilities of record
2.That_part of the above described Parcel which was acquired by pinellae County and the
Florida Department of Transportation .for additional right-of-way for U.S. Highway 19 in
circuit Civil Action No. 28,366, Circuit Court for Pinellas county, Florida, under Order
of Taking fiied and recorded July 12, 1971, in O.R. 3579, page 250, of the public records
of Pinellas County, Florida, a description of said part of the above Parcel so taken
appearing in O.R. Book 3579, page 251.
Lying within the following described boundary, to-wit:
Commence at a SIB" iron rod no. LB-33 marking the Northwest corner of :the,Northeaat,1/4
of Section 18, Township 29 south, ~ange 16 East, Pinellas County, Florida, run thence
S.89039'46"E., a distance of 2671.71 feet along the North boundary of the Northea~t Ij4
of t~id Section 18 to the N6rtheast corner ther~of; thence S.01003'38"W., a distanc~ of
426.34 feet along the East boundary of. the Northeast 1/4 of said s~ci~ian 18: thjnce
k.88056'22"W., a distance of 147.38 feet to the existing West-right-of-w.y line of U.5.#19
per D.O.T. Section Isi50-2512 and the POINT OF BEGINNING; thence.along said right-of~way
line the following three (3) courses: 1) Southeast~rlYf 82.00 feet along the,arc of a c~rve\
to the right, having a radius of .11'4.00 feet and a central angle of .41012'41" (C~6rd
bearing S.20024'57''E., 80.24 feet) to a non-tangent line; 2) S.14042'49"E.f,a distance of
58.7~ feet; 3) S.Ol003'38"W., a distance at 334.41 feet~ thence N.~9039'54"~., a di8tanc~
of 37.73 feet; thence N.OI003'38"E., a distance of 286.62 feet; thence M.01022'20"~.~ ."
distance af 179.67 feet to the POINT OF BEGINNING.
containin,g 15,914 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO O.R.
BOOK/PAGE
CITY OF CLEARWATER 3095/BO
EASEMENT
OS/21/69
ASS, INC. a
Florida
corporation
PARCEL 110.07
PAGE 2
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- PINELLAS COUNTY FLA.
~F,REC,BK 8698 PG 1123
This instrument prepared
Under the direction
. Ker:n~~h G. Wing
Asslstanl Gc"o.'rnl f:ounsol
Department O!TranS
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 fabilities on, within, and upon the lands described
herein in accordance with the FOOT'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 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
FDOT 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 interfere with the operation and safety of the FDOT' s
facilities.
4. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT
against any loss or 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:
WIT~Sl. U~I~ U
PRINTlIJ- 7+;!J;~1V~~v~e
WITNESS rz. ~ r' (
PRINT NAME_r-v'o L'l_, I'dlf'.Lf
STATE
NSPORTATION
By:
Direct
VII
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
ADDRESS
PARCEL 110.07
PAGE 3
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1- PINEL"LAS COUNTY FLA.
FF,REC.BK 8698 PG 1124
This inst,rument prep~red by, or
Under the direction
Kenrl'::~ r:;, Wing
Assi51~nl C. '(;-d CC':.;.~t'.:,1
Department of Transp rtation
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
OF
The foregoing
."lln~
PRODUCTION for
instrument was acknowledged before me
, 199 A , by Kenneth A. Hart~nn
District VII , who is personally known to
~ i.liiT id~lll..l.1:l.CaLL.......
thi'e
3rd
day of
DIRECTOR
me or
,
.,'h.... hil'"
l?...,.....h 1 I"' on
~""."";:j.:~~?":;;"",,,, ",'
~~.....".
.,. ..... ~" ". ~'- .',
.:,. '. ,. ~ .
,,~;. :' :l _ ,,~'~u .~.
.' , : ""; A "'.L... ,~ E
PRINT NAME Deanna L. Aloern~rU It\. (\' '. '.-' '-' f.:
Notary Public in;,and for., try,lt...... .....::'J ..........~ :
county and stat~. last af6.r.-es~J'd'.'~""". ,\" ~........"
My Commission Expires: '~11r.. .. .,\,,'0.;
Serial No., if any: ,"'''11'''' "
Nolary Public Slate OJ ~brrda ). Large
My ComnWiOll Explres July J,l, !994.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed ih "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
(or De
Clerk)
By:
Its Chairperson (or Vice-Chairperson)
PARCEL 110.07
PAGE 4
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PINELLAS COUNTY FLA.
OIF,REC.BK 8698 PC 1125
ta Garvey
Mayor-commissio
CITY OF SLEARW~~ER, FLORIDA
".
\:,
STATE OF FLORIDA }
COUNTY OF PINELLAS }
.
Attest: ~
By:
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 not take an oath.
WITNESS my hand and Off,icial seal this lfo day of m~ 1994.
(\fY) "r,^) a 6f I ~~ '\ ,.,.,~.\:'!~ DENISE A, WILSON
k---, ,1 L,<j. ,']iJ"J. ' {:fA"',;} MY COMMISSION I CC 201'08 EXPIRES
Pr1nt/Type Name: '))(<; V, 1"0' , ""~''':' Ju""S,1996
. ,."'"' A.......l "'"''i.C..r,:&,'.,' 1I0NOED THRU TROY FAIN lNSUIlAHtE,INC,
Notary Pub11c ,.,......
STATE OF FLORIDA }
COUNTY OF PINELLAS }
BEFORE ME personally
above named City,
instrument. She is
appeared Elizabeth
who acknowledged
personally known to
M. Deptuia, the City Manager of the
that she executed the foregoing
me and did n take an oath.
WITNESS my hand and official seal this ~ day of
f1 uili.
^' ,- ~ ^ 'I' j 1 II (!iY ) ",,:~"i:;;;-,,' DENISE A. WILSON
/ 1\ J..D-t..J '_ ~ k-J, i'/ rb >.} MY COMMISSION I CC 20"08 EXPIRES
Notary Pub11c '~ . A (I{ . I""~'''' Juno181998
Pr intjType Name: J)fJ.J..){ ,,<)e.) L l ~ fL/ ":''.!;,~~;:.;.,1-;'' BONDEDTHRUTROYFAININSUfl..I.Na,INC.
1994.
, city Attorney
.f/an S. Zrrnn e. / Snfev,'JorJ
PARCEL 110,07
PAGE ~
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