SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 106.03
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INST II 94-174239
JUN 14, 1994 6:59PM I
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This instrument prepared
under the direction f
Kenneth G, Wing
Assislant G2nero.I CounSG!
Department of Tran ortation
11201 N. Malcolm M Kinley Drive
Tampa, Florida 33612
PINELLAS COUNTY FLA.
OFF,REC,BK 8698 PG 1109
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION :
106.03
7117045
55
PINELLAS
15150-2566
Legal
Date:
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Description APproved:R"~r' /L- '
? /;U/9';/ By: {/A;::p//'Y'
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FLORIDA DEPT. OF TRANS}'ORT A TIOl'.'
A TTN: M.S. 7-900, RIGHT OF WAY
MARIA CARMEN HERNANDEZ
InOl N. MALCOLM l\-ICKINLEY DR
TAMPA, FLORIDA 33G12-6~03
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'" I I I A SUBORDINATION OF CITY UTILITY INTERESTS
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THIS AG~E:EME~T, entered into this ~ day of Jv~t , 199~r by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY
OF CLEARWATER I 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 purposesi 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 FDOTj 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 FOOT 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:
Commencing at West 1/4 corner of said Section 17, run thence North 0 deg 35' 18" East,
660.25 feet; thence North 89 deg 22' 03" East 108.09 feet to a point on Easterly
Right-of-Way line of u.s. Highway No. 19; thence along said Easterly Right-of-Way line
North 2 deg 35' IS" East, 214.93 feet; thence continuing along said Easterly Right-of-Way
line North 0 deg 35' 18" East 140.48 feet for a POINT OF BEGINNING: thence continue North
o deg 35' 18" East along said Easterly Right-of~Way line, 100.00 feet; thence North 89 deg
35' 21" East, 164.93 feet; thence South 0 deg 35' lS" West, 100.00 feeti thence South 89
deg 35' 21" West, to the POINT OF BEGINNING.
Lying within the following described boundary, to-wit:
PARCEL 106.03
KARLEEN F,
DEBLAKER, CLERK
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. PINELLAS COUNTY FLA.
IOFF,REC.BK 8698 PG 1110
-:'
This instrument prepare by, or
Under the directio f
Kenn~U~ G. Winq
Assistanl G:::fk,iiJi Co"unsGi
Department of Tran
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.89D56'49"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.Olo03'38"W., a distance of 1563.78 feet along
the West boundary of the Northwest 1/4 of said Section 17; thence S.88C156'22"E'r a distance
of 115.59 feet to the East right-af-way lin~ of u.s. #19 per D.O.T. section 15150-2512 and
the POINT OF BEGINNING; thence N.89D53'49"E., a distance of 10.22 feet; thence
S.04~09'38"W., a distance of 43.44 feet to a point of curvature; thence Southerly, 56.80
feet along the arc of a curve to the left, having a radius of 7629.44 feet and a central
angle of 00~25'36" (chord bearing S.03"'56'50"W., 56.80 feet); thence S.89053'49"W., a
distance of 5.01 feet to the aforesaid East right-of-way line of u.S. #19; thence along
said right-of-way line, N.01D03'-3S"E., a distance of 100.00 feet to the POINT OF BEGINNING.
Containing 755 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE
DATE FROM TO O.R.
BOOK/PAGE
03/30/72 PIZZA HUT OF ST. QUICK FOODS, INC. 3763/976
PETERSBURG NO.1,
INC.
06/29/72 QUICK FOODS, INC. CITY OF CLEARWATER 3823/851
EASEMENT
EASEMENT
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 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
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 interfere with the operation and safety of the FOOT's
facilities.
PARCEL 106.03
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- PI NELLAS COUNTY FLA_
IPFF_REC.BK 8698 PG 1111
This instrument prepared
Under the directio f
Kenn~!'1 r::: I~J;..,~
~a~kFtment of Tra~8 ortation
4. The city agrees to repair any damage to FDOT 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.
Signed, sealed and delivered in
th~~
WITNESS' .
PRINTif;/ ~v",.., J .Td""",11
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WITNESS -'2 h t U
PRINT NAME \::::>0 //' ,€r>1I'^ "')
RANSPORTATION
B
Di
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregofng instrument was acknowledged before me this 3rd day of
June , 199 4 , by Kpnnprh A H?rtm?..nn , DIRECTOR
OF PRODUCTION for District VII , who i. personally known to me 6Y ..l.~ LC10 }JLoouced
~.=l~ .; A~Rt..:...r":"l"..c:lLluJJ.
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PRINT NAME Dp-?.mnr:! r. Al1'1P.rI'll~n ~ ~ ~ l.!1 ::
b1" d f 't' J " C/. -
Notary Pu ~c ~n an '. OF:", P~/l -<;,;, '; ::
County and state la~t afqi-e.saild,. G l .i
My Commission Expires: ~, .,,', '.. .... tJ..,. ~~
Ser ial No., if any':.' I......,', ...... ...... ,,~0 ",:..
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NoIary Publi' St,t. 01 Florid. ,( largO
My Comm~slon Expires July 17, 1994.
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PARCEL 106,03
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I~ PINELLAS COUNTY FLA,
IPFF,REC,BK 8698 PG 1112
Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By:
~ A:Y~"',
El' abeth..,.',Deptula
C y Mana'ger, " "
Attest:
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STATE OF FLORIDA }
COUNTY OF PINELLAS }
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BEFORE ME persona lly appeared Rita Garvey, the Mayor-co)ri'niissioner of the
above named City, who acknowledged that she executid the foregoing
instrument. She is personally known to me and did ~ take an oath.
WITNESS my hand and official seal this /0 day of , 1994.
~{lj~~Qjdit~) /) f {,,~J
Notary Public
(;i:.',itl,-liic. DENISE A, WI ON
:,,(~"~):} MY COMMISSION Ii cc 201408, EXPIRES
~~~~., June 18. 1996
'~,tr.,h.\" BOHDEDlHRU TROY FAIN JNSUAANCf,IHQ.
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 n take an oath.
WITNESS my hand and official seal this ~ day of 1994.
It /8- '1 S'
.-'P1i."V;;;" DENISE A. WILSON
{-iA ': ;..% MY COMMISSION N CC 201408 EXPIRES
~.~"':.~~~l June 18, 1996
-~~',~'~:f:..'!.,., 80tlDED THRU TROY FAIN INSURAAC~\ II,;.
otary PubllC
Print/Type Name:
and correctness:
" city Attorney
Jr')fer,','rI
PARCEL 106.03
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