SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 105.05
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1NST ff 94-174238
JUN 14,1994 6:59PM
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P1NELLAS COUNTY FLA.
OFF,REC.BK 8698 PG 1104
This instrument prepared by, or
under the direction~
Kennelh G. Wing
Assistant Genom: Counsel
Department of Trans rtation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
105.05
7117045
55
PINELLAS
15150-2566
if.:ETUHN
Le~al Description APproved:t?~~
Date: 1:>-/"- 7/91 By: ,
,I /
101 FLORIDA DEPT. OF TRANSPORTATION
ATTN: M.S. 7-900, RIGHT OF WAY
MARlA CARMEN HERNANDEZ
11101 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
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~ I U1 I~;: ~ SUBORDIHATtON OF CITY UTILITY INTERESTS
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THIS ,AGREEMENT, entered into this ~ day of Jur'\e. , 199..1., by s:rid between th4a-
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT i and the ~
OF CLEARWATER, a municipal corporation, hereinafter called Ci~y.
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
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WHEREAS, the FOOT is willing ,to pay to have 'the city~s facilities re!'1ocated if
necessary to prevent conflict between ~he 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 FPOT, its successors, or assigns, any
and all of its interest in the lands as' follows, viz.:
That part of:
;
A tract in the Narfhwest 1/4 of the Northwest 1/4 of section 17, Township 29 South, ,Range
16 East, PinellasJCounty, Florida, described as follows: From the Northwest corner of ,said
Northwest 1/4 of the Northwest 1/4 of Section 17, run South 0035' 18" West along the West
boundary of said Northwest 1/4 of the Northwest 1/4 of Section 17 a distance of 730.0 feet;
run-thence North 89034'34" 'East, parallel to and 730.0 feet South of the North boundary
of said Northwest 1/4 of the Northwest 1/4 of Section 17, a distance of 102.0 feet to a
point-of-beginning, which point is on the East rtght-of-way line of U.S. Highway Route No..
19. From' said point-of-beginning, continue North 89034'34" East a distance, of 823.0 feet;
run thence North 0035'18" East a distance of 131.0 feet; run thence North 89034'34" East,
parallel to the North boundary of said Northwest 1/4 of the Northwest 1/4 of 'Section, 17,
a distance of 397.29 feet to a point which is 30.0 feet West of the East boundary of said
'Northwest 1/4 of the Northwest 1/4 of Section 17; run thence North 0006'21" West, parallel
to the East boundary of said Northwest 1/4 of the Northwest 1/4 of Section 17, a distance
of 548.92 feet -to a point which is 50.0 feet South of the North boundary of said Northwest
PARCEL 105.05
PAGE 1
KARLEEN F, DEB LAKER ,.j::LERK
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I PIl'IELLAS COUNTY FLA,
-OFF,REC,BK 8698,PG 1105
Thi. inatrument prepare by, or
Und~~ ,the directio f
, Kenneth G. Wing
ASSISlant G2n~:ial Counsel
Department of Trans
1/4 of the Northwest 1/4 of Section 17; run thence South 89034'34" West, parallel to the
North, boundary of said Northwest 1/4 of -the Northwest 1/4 of Section 17, a distance of
868.96 feet; run thence Southwesterly along a curve to the left (radius -,25.0 feet) an
arc distance of 23.18 feet (chord ~ 22.36 feet, chord bearing - South 26008'24" West) to
,t. point of' reverse curve; run thence Southwesterly along a curve to .:the ,right (radiu~,-
55.0 feet) an arc distance of 86.39 feet ~ (chord - 77.78 fe_at, chord,_bearing ~ South
44034'34" West) to a .point of tangencY1 run thence South 8911l34,'34", West ~ distance ,of
153.34 feet to a point of, curve1 run thence Southwesterly along a curve to the left (radiu.
- 135.0 feet) an arc distance of 172.80 feet (chord - 161.24 feet, ,chord bearing - South
5211l54'27" West) to a point on the East right-of-way line of u.s. Highway Route No. 19; ,run
thence South 01ll35'18" West along said East right-of-way line a distance of 508.68 feet to
the point-of-beginning. .
Lying within the following described boundaries, to-wit:
PART "A"
Commence at a railroad spike marking the' Northeast corner of the Northwest 1/4 of Section
17; Township 29 South, Range 16 East, Pinellas County, Florida, run thence N.B911l56'49"W.,
a distance of 2,689.93 feet along the North boundary of the Northwest 1/4, of said Section
17 to the Northwest corner thereof; thence S'.01003'38"W., a distance_of 728.22 feet along
the West boundary of the Northwest 1/4 of said Section 17; thence S.8BoS6'22"E., a distance
of 102.00 feet to the East right-of-way line of U.s. #19 per D.D.T. Section 15150-2512'and
the POINT OF BEGINNING; thence along said right-of-way line, the following two (2) courses:
1) N.01003'3B"E., a distance of 508.68 feet to a non-tangent curve; 2) Northeasterly, 93.24
feet' along the arc of a curve to the right, having a radius of 13S~OO feet and a central
angle of 39034'21" (chord bearing N'-36030'07"E~, 91~40 feet); thence S.01003'38"W., a
distance of 260.77 feet; thence S.0305S'22"W., a distance of 100.12 feet; thence
,S.05003'51"W., ~ distance of 100.25 feet; theriee S.02035'24"W., ~ di.tance of 121.76 f~~t;
thence N.890S6'49"W., a distance of 37.76 feet to the POINT OF BEGINNING.
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Containing 0~612 -acres, more or less.
PART "B"I
WATER STORAGE AREA
Commence at a railroad spike marking the Northeast corner of the' Northwest 1/4 of Section
17, Township 29 South, Range 16 East, Pinellas County, Florida, run thenc. N.89056'49"~.,
a distance of 2,254.40 feet along the North boundary of the Northwest 1/4 of said Section
17; thence S.OQo03'11"W., a distance of 75.38 feet to the POINT OF BEGINNING; thence
S.Ooo03'11"W., a distance of 83.12 fe~t; thence N.89056'49"~., a distance of 283.29 f~et;
thence N.01003'38"E., a distance of 10.73 feet to a point on a curve on the Easterly right-
of-way line of U.s. 119 per D.D.T. Section 15150-2512; thence along said right-of-way line,
the following three (3) courses: 1) Northeasterly, 79.56 feet along the arc of a curve to
the right, having a radius of 13S.00 feet and a central angle _of 33045'S3" (chord,bearing
N.73010'14"E., 78.41 feet) to a point of tangency; 2) S.B9056'49"E., a distance of 153.34
feet to a point of curvature; 3) Northeasterly, 81.00 feet along the arc o,f a curve to' the
'left, having a radius of 55.00 feet and a central angle of 84023'03" (chord bearing
N.47C1S1'39"E., 73~88 feet) to the POINT OF BEGINNING.
Containing 9,573 square feet, more, or less.
PART "C"
PARCEL 105.05
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I PINELLAS COUNTY FLA.
~FF.REC,BK 8698 PG 1105
Thl. in.trument pr.pared by, or
Under the directiO~
. Kenn6!h G. \NinQ
Assistant Geneial Counsel
Department of Trans ortation
RIGHT-OF-WAY
Commence' at a railroad spike marking the Northeast corner of the Northwest 1/4 of section
17, Township 29 South, Range 16 East, Pinellas county, Florida, run thence N.890S6'49"W.,
a distance of 1,714.77 feet along the North boundary of the Northwest 1/4 of said Section
171 thence S.Ooo03'11"W., a distance of 50.00 feet to the South right-of-way line of Drew
,Street and the POINT OF BEGINNING; thence S.88008'37"W., a distance of 375.37~ thence
S.86054'24~W., a distance of 100.15 feet1 thence S.88016'04"W," A distance of 64.24 feet
to a curveT thence Northeasterly, 23.19 feet along the arc of a curve to the right, having
a radius of 25.00 feet and a central angle of 53008'19" (chord bearing N.26037'20"E., 22.36
feet) to a point on said South right-at-way line of Drew Street; thence along said
right-at-way line, s.89056'49"E., a 'distance of 529.37 feet to the POINT OF BEGINNING.
Containing 5,032 square feet, more or less.
Parcel 105 containing a total of 41,249 square feet or 0.947 acres, more or less.
RECORDED
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NATURE OF
,ENCUMBRANCE
EASEMENT
DATE
FROM
O.R.
BOOK/PAGE
CITY OF CLEARWATER 4621/1928
TO
10/17/77
DREW 19, a Joint
Venture
EASEMENT
08/06/80
GRECO, BROWN AND
WILSON, a Florida
partnership
CITY OF CLEARWATER 5072/2120
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 iri 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 f~cilities iocated within said lands, the
FOOT hereby agrees to pay the coat of such alteration, adjustment, or relocation,
including, but not limited to the coat of acquiring appropriate easements.
2. Notwithstanding any provisions set forth herein, the terma 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
PARCEL 105.05
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I PINELLAS COUNTY FLA.
tFF_REC,BK 8698 PG 1107
This instrument prepared or
Unde.t'.the dire~tion
Kennell, G. Wmg
Assistant GC';lsral Counsel
Departme~t of Trans
that such rights do not interfere with the operation and aafety of the FOOT'.
facilities_
4. The City agrees to repair any damage to FOOT facilities and to indemnify the FOOT
against any 10B8 or damage resulting from the City exercising its rights outlined
in Paragraphs 1 and 3 above.
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first above written.
delivered in
ORTATION
District VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
WITNESS
PRINT NAME
6ilh
/f
L. C\Ptrlftl)
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STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing instrument was acknowledged before me this
Ju.ne . , 199 4 1 by Kenneth A. Hartmann
OF PRODUCTION for District VII f who is personally known to me UL
~~ i~nr+{~;r~~~on.
3r-d
day of
DIRECTOR
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PRINT NAME Deanna L. l!lJl~mian,.. "c'-~ t
Notary Public, in and f5:111 ~r:/. -',: ;:
County and State last -~fR\,.~ll'al..d-:; [' l
My Commission Expires: -:.~ ..)', ~" .\:". --.<:'.J /"
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\ Public State 01 FloTld8 at Large
~y ~mm)sSion E.lqJires July 17, 1994.
PARCEL 105.05
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I PINELLAS COUNTY FLA.
~F.REC.BK 8698 PG 1108
CITY OF CLEARWATER, FLORIDA
R ta Garvey
Mayor-Comrnissio er
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E~bft/f~ePtula
C y, Manag"'Jril':,... ,
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BEFORE ME personally appeared Rita Garvey, the' Mayort~~,o;;m;~s'sioner of the
above named City, who acknowledged that she ex~ted i the' foregoing
instrument. She is personally known to me and did ~~}ake an oath.
WITNES~ my hand and off~cial seal this ~ day of ~ ' 1994.
~fu.6e )0 ~ ~ 1 ( ; \ t?i;'"^ ~..=:::;:~~
rintjType Name: .;.. "\ ) ...U {\(),J,.J ~~.~.(~ ,June18,1996
N t P bl' '.f/'o;>",'f,,' .- 80N\)EOTHflUlllOYF~IMIN.SlJR.I,NCf..INC.
o ary u ~c ..........
By:
STATE OF FLORIDA }
COUNTY OF PINELLAS )
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STATE OF FLORIDA }
COUNTY OF PINELLAS }
otary Public
Print/Type Name:
appeared Elizabeth M. Deptula, the city Manager of the
who acknowledged that she executed the foregoing
per~O~allY known,to me and did nfi;Atake an oath.
off~clal seal th~s ~ day of ~rtA~ ' 1994.
'.il'?'!'''''' DENISE A. WILSON
[~{ , ':"i MY COMMISSION N CC 201408 EXPIRES
'$'. /";}, June 18. 1996
';(iff.;f,..(,'" IIOHOf07HRU1ROYFAIMltlSURANCE,Ih\C.
BEFORE ME personally
above named city,
'instrument. She is
WITNESS my hand and
., City Attorney
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PARCEL 105.05
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