SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 800.02
"
r hereby certi r)' t twit thi" js a true and
correct co"y of the original as ilappears
in the files of the City of Clearwater.
Wit~eu ffij' haRd lIoIld official ,tal of
the Ci!Y of Clea~, ate'." ' 2Ov'~'
This.-tL-dal0IUoJ.L")'{-~;, . ,. -
t'.G.-/..ll..i ni:.JLLL. ,""!f-'I.A-
D~puty City Clef
DII=~OlllT1nN n4.'7
A RESOLUTION OF THE CI1Y OF ClEARWATER, FLORIDA, OWNER AND
HOLPER OF CERTAIN EASEMENTS DESCRIBED IN THAT EASEMENT
AGREEMENT DATED NOVEMBER 28, 1989 BETWEEN THE CI1Y AND
lRIZEC PROPERTIES, INC. AS RECORDED IN O.R. BOOK 7172, PAGE 1500,
PUBliC RECORDS OR PINELLAS COUNTY. FLORIDA, AND THOSE PUBUC
AND PROPRIETARY EASEMENTS DEDICATED AND REFERENCED IN THE
PLAT OF CLEARWATER MALL AS RECORDED IN PLAT BOOK 125, PAGES 21
THROUGH 29, PUBliC RECORDS OF PINELLAS COUNTY, FLORIDA,
SUBORDINATING cm INTERESTS THEREIN TO THE STATE OF FLORIDA,
DEPARTMENT OF, TRANSPORTATION, FOR THE PURPOSE OF
CONSTRUCTING AND MAINTAINING A SIDEWALK WITHIN THE WESTERLY
LIMITS OF ClEARWATER MALL ADJACENT TO S. R. 55, AUlliORIZlNG
APPROPRIATE cm OffiCIAlS TO EXECUTE THE SUBORDINATION
AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Rorida, Department of Transportation (herein the "DOr'),
proposes to construct and maintain a six-foot sidewalk (herein, the "Project") within the
westernmost limits of Oearwater Mall; and,
WHEREAS, the City Is owner and holder of various utility easements encumbering
the Project limits; and,
WHEREAS, it is necessary that portions the City utility easements described more
particularly herein, be sl!bordinated to the DOT In order to facilitate the Project; and
WHEREAS, Section 2.01(d)(5) of the Oty Charter authorizes the conveyance of
surplus City property to another governmental entity without referendum approval,
without competitive bidding, and for less than appraised value; and
WHEREAS, the DOT has applied to the City for the City to subordinate to the DOT
all rights, title and interest that the Oty has In portions of the referenced easements,
subject to the rights reserved to the City as described in the subordination agreements,
and the application has been duly considered by the City Commission; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE cm OF CLEARWATER,
FLORIDA:
I
, Section 1 The application by the DOT for the subordination of portions of City-
owned interests in utility easements described in that Easement Agreement dated
November 28, 1989 between the City and Trizec Properties, Inc. as recorded in O. R.
Book 7172, Page 1500, Public Records of Pinellas County, Florida, and those public and
proprietary easements dedicated and referenced in the plat of Clearwater Mall as
recorded in Plat Book 125, Pages 21 through 29, Public Records of Pinellas County,
Florida, subject to the reservations of rights by the City as set forth in the subordination of
utility interest agreements, is found and declared to be for a valid public purpose within
the meaning of the City Charter.
Section 2 The Mayor, aty Manager and City Clerk, are authorized to execute the
subordination of utility interests agreements with the DOT in the form attached hereto as
EXHIBIT "A", subordinating the rights, title and interests of the City in and to the real
'property described herein to the DOT, in consideration of the sum of $1.00 and other
good and valuable consideration, Including but not limited to, the benefits to be obtained
'from the project improvements.
Seroo'1 3 The parcels for which Subordination of City Utility Interests
agreements are to be executed by the Mayor-Commissioner upon adoption of this
Resolution are summarized as follows:
PARCELS : 800.02, 801.02 and 802.02
WPIJSEG : 4149981
S. R. NO. : 55
COUNTY : PINELLAS
SECTION : NJA
MANAGING DISTRICT: SevEN
Section 4 This resolution shall take effect Immediately upon adoption.
PASSED AND ADOPTED this 4th day of November
. 2004.
ff~ .
BrianJ.Aun~
Approved as to form:
I.aU~' Assistant Oty Attorney
Attest:
This instrument prepared by,
or under the direction of
RICHARD R. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 800.02
WPI/SEG 4149981
S . R. NO.: 55
COUNTY PINELLAS
SECTION : NIA
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 06/11/04 By: FREDW. EDWARDS
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, and the City of CLEARWATER, Florida, a
municipal corporation, a Utility Agency Organization, hereinafter called the UAO.
WIT N E SSE T B:
WHEREAS, the UAO presently has an interest in certain real property that is needed for
a transportation facility; and
WHEREAS, the proposed use of the real property requires subordination of the UAO's
interest to the FDOT; and
WHEREAS, the FDOT is willing to participate in the cost of locating, protecting,
adjusting or removing the UAO's facilities if necessary to prevent conflict between the UAO's
facilities and the transportation facility;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FDOT and the UAO hereby agree as follows:
1. The UAO hereby subordinates to the interest of FDOT, its successors, or assigns, any
and all interest the UAO has in the real property described as follows:
A parcel of land being a portion of Lot 2, CLEARWATER MALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of Pinellas County, Florida, lying within the
Southwest 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida,
being more particularly described as follows:
COMMENCE at the Northwest corner of Lot 2, CLEARWATER MALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of pinellas County, Florida lying on the East right
of way line of U.S. 19 (state Road 55) per Florida Department of Transportation Map, Section
PARCEL 800.02
PAGE 1
15150-2512; thence S 01002'15" W, along the West line of said Lot 2 and said East right of
way, a distance of 79.83 feet to the POINT OF BEGINNING; thence 8 88057'45" E, a distance of
5.00 feet; thence S 01002'15" W, on a line 5.00 feet East of and parallel with said West line
of Lot 2 and said East right of way line of u.s. 19 (state Road 55), a distance of 293.56
feet to a point of curvature of a non-tangent curve concave Easterly, said point being on
said West line of Lot 2 and said East right of way line of U.8. 19 (state Road 55); thence
Northerly along said West line of Lot 2 and said Easterly right of way line of u.s. 19 (state
Road 55) and along the arc of said curve, having a radius of 755.94 feet, and a chord bearing
and distance of N" 02015'34" W for 86.94 feet, through a central angle of 06035'37", a
distance of 86.99 feet; thence along said West line of Lot 2 and said East right of way line
of U.S. 19 (State Road 55), N OlD02'15" E a distance of 206.76 feet to the POINT OF
BEGINNING.
Containing 1323 square feet, more or less.
The interest of the UAO being subordinated hereby includes, but is not necessarily limited
to, the interest created by the following document:
INSTRUMENT
OATE
FROM
TO
OR Bk/Pq
EASEMENT
11/28/89
TRIZEC PROPERTIES,
INC.
CITY OF CLEARWATER
7172/1500
EASEMENT
06/11/02
NEW PLAN EXCEL REALTY
TRUST, INC.
CITY OF CLEARWATER
PB 125/21
2. The UAO shall continue to have all rights under the UAO's real property interest
document identified above, except that the use of the real property shall be subject to the
control of the FOOT pursuant to paragraph 3 hereof.
3. The FOOT shall have the right to control the UAO's use of the real property interest
created by the document identified above in the following manner:
a. The FOOT may require, for any present or future transportation facility project,
that any facilities of the UAO be located, protected, adjusted, or removed as the FOOT
determines is necessary (including the timing of any of such activities) to accommodate
the transportation facility project. The UAO shall have the right to engage in
additional protective measures during the transportation facility project beyond what
the FOOT determines is necessary, provided that the cost of any such additional
protective measures shall be borne by the UAO.
b. The UAO shall operate and maintain the UAO's facilities located on the real
property in accordance with FOOT standards as set forth in the FOOT=s then current
Utility Accommodation Manual.
c. Any placement of new facilities or adjustment, upgrading, removal, or relocation
of the UAO's facilities proposed by the UAO shall be subject to the prior approval of
the FOOT as provided in and under the conditions of the FOOT's then current Utility
Accommodation Manual. Approval will be granted through the issuance of a utility
permit.
4. In the event the FOOT exercises it's rights under paragraph 3 hereof and the exercise
of those rights creates costs over and above what the UAO would normally have incurred had
this subordination not been executed, the FOOT will bear the excess costs. Excess costs shall
include, but not necessarily be limited to, damage to the UAO's facilities resulting from
PARCEL 800.02
PAGE 2
failure of FOOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FOOT
bearing the excess costs shall be by separate agreement.
of
IN WITNESS WHEREOF, the FOOT has executed this agreement effective this
, 200_
day
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WITNESS
PRINT NAME
By:
Director of Transportation Development for
District VII
WITNESS
PRINT NAME
PRINT NAME
ADDRESS:
DONALD J. SKELTON. PE
11201 N. Malcolm MCKinley Dr.
Tampa, Florida 33612
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 200_, by DONALD J. SKELTON, DIRECTOR OF TRANSPORTATION DEVELOPMENT for
District ~, who is personally known to me or who has produced as
identification.
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 800.02
PAGE 3
IN WITNESS WHEREOF, the UAO has
its City Manager, countersigned by its
seal hereto affixed, effective this
caused these presents to be executed in its name by
Mayor, attested by its City Clerk, and its official
day of , 2004.
countersi9~_ ~ ~
Bri= J'~ "
CITY OF CLEARWATER, FLORIDA
~A~g~~
Wil iam B. Horne, II, City Manager
By:
ATTE
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor of the City
of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein set forth, and who is
personally known to me.
WITNESS my hand and official seal this
.yW-
day of
~
, 2004.
~;/.~
Notary Publ1 - State of Flor1da
Print/type name:
,\..~';f...~:f:fl'"..., Carotyn L Brink
{j"-h.~:i MY COMMISSION # 00203569 EXPIRES
~ ~.:~= May 22, 2007
~.1i,.. .:.~~;: WNOEOTHRUTROY FAIN INSURANCE,lNC
"I,,9fllf;!."'"
STATE OF FLORIDA
ss
COUNTY OF PlNELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, City Manager of
the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be his free act and deed for the use and purposes herein set forth, and
who is personally known to me.
WITNESS my hand an~ official seal this ~ay of
Notary p~ O~'0~
IU--v-
, 2004.
Print/type name:
........,. Carolyn L Brink EXPIRES
i~r'" MY COMMISSION # D0203569
~*: :*! u...., 22, 2007
. ~ '''1 IY,,", 7 Nef. \NC.
~k.....~ 9ONDEDTHRUTRO't fAIN lNSuaA
.",~,,'n"
Laura
PARCEL 800.02
PAGE 4
,
SECTION 17, TOWNSHIP 29 SOUTH. RANGE 16 EAST
PINELLAS COUNTY, FLORIDA
This sketch is NOT a survey.
I
~
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It:
o
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" = 40'
LEGEND
CB CHORD BEARING
CH CHORD LENGTH
COR CORNER
6 CURVE DELTA
FOOT FLORIDA DEPARTMENT
OF TRANSPORTATION
CURVE LENGTH
PLAT DATA
PLAT BOOK
PAGES
POINT OF BEGINNING
POINT OF COMMENCEMENT
RADIUS
RIGHT-OF-WAY
SECTION
SOU ARE FEET
STATE ROAD
L
I P I
P.B.
PGS.
POB
POC
R
R IW
SEC
SF
S.R.
POC
NW COR LOT
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CURVE DATA
/:1 .06035'31~
R .755.94'
L .86.99'
CH.86.94'
CB.N 02015'34- W
SEE SHEET 2 FOR GENERAL NOTES
a LEGAL DESCRIPTION.
LOT 3
88051'45- E
5.00'
~
:
on .
_Ul
. on
N .
0""
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5.00'
LOT 2
PARCEL NO.
800.02
SIDEWALK EASEMENT
LOT 2
1323.33 SF!
SURVEYOR'S CERTIFICATION
(j)
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WE HEREBY CERTIFY THAT THE ATTACHED SKETCH
AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF OUR KNOWLEDGE AND BELIEF AS
RECENTLY PREPARED UNDER OUR DIRECTION AND
THAT THIS SKETCH MEETS THE INTENT OF THE
MINIMUM TECHNICAL STANDARDS FOR SURVEYING
PURSUANT TO SECTION 472.027. FLORIDA STATUTES
~~E~HLAP~ER 6IGI7-6. FLORIDA ADMINISTRATIVE
t;0,'H. ,1 ,'I lo.ti
WILLIAM H. FULGHU"tJ. ~
PROFESSIONAL LAND SURV YOR '4993
PBS6j , LB 24
5300 W. CYPRESS ST. 'SUITE 300
TAMPA.. 'FLOR I DA 33607
18131 262-727S .
FLOR IDA DEPARTMENT OF
STATE ROA NO. ~/A
SKETCH a DESCRIPTION
W. P. J. NO. N/A
SECTION N/A
TRANSPORTATION
PINELLAS COUNTY
FIELD BOOK NO.
NIA
SCALE: '''.40'
SHEET I OF 2
This instrument prepared by,
or under the direction of
RICHARD R. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 801.02
WPIISEG 4149981
S.R. NO.: 55
COUNTY PINELLAS
SECTION : NIA
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 06/11/04 By: FRED W. EDWARDS
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FOOT, and the City of CLEARWATER, Florida, a
municipal corporation, a Utility Agency Organization, hereinafter called the UAO.
W X THE SSE T B:
WHEREAS, the UAO presently has an interest in certain real property that is needed for
a transportation facility; and
WHEREAS, the proposed use of the real property requires subordination of the UAO's
interest to the FOOT; and
WHEREAS, the FOOT is willing to participate in the cost of locating, protecting,
adjusting or removing the UAO's facilities if necessary to prevent conflict between the UAO's
facilities and the transportation facility;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FOOT and the UAO hereby agree as follows:
1. The UAO hereby subordinates to the interest of FOOT, its successors, or assigns, any
and all interest the UAO has in the real property described as follows:'
A parcel of land being a portion of Lot 3, CLEARWATER HALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of Pinellas County, Florida, lying within the
Southwest 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida,
being more particularly described as follows:
COMMENCE at the Northwest corner of Lot 4, CLEARWATER HALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of Pinellas County, Florida, lying on the East
right of way line of U.S. 19 (State Road 55) per Florida Department of Transportation Map,
PARCEL 801. 02
PAGE 1
Section 15150-2512; thence S 89002'30" E, along the South line of Lot 3 of said CLEARWATER
MALL, a distance of 10.35 feet to the Southeast corner of a parcel of land donated to the
Florida Department of Transportation and recorded in Official Records Book 12861, Page 1951
of the Public Records of Pinellas County, Florida, said point' also being the POINT OF
BEGINNING; thence N 01002'15" E, along the East line of said donated parcel, a distance of
137.98 feet to a point on the Northerly boundary of said Lot 3 and the aforementioned East
right of way line of u.S. 19 (State Road 55); thence N 45024'27" E along the Northerly
boundary of said .Lot 3 and said East right of way line, a distance of 5.72 feet; thence
S 01002'15" W, along a line lying 4.00 feet,East of and parallel with the aforementioned East
line of said donated parcel, a distance of 142.06 feet to a point on the South line of said
Lot 3; thence N 89002'30" W, along the South line of said Lot 3, a distance of 4.00 feet to
the POINT OF BEGINNING.
Containing 560 square feet, more or less.
The interest of the UAO being subordinated hereby includes, but is not necessarily limited
to, the interest created by the following document:
INSTRUMENT
DATE
FROM
TO
OR Bk/PQ
7172/1500
EASEMENT
11/28/89
TRIZEC PROPERTIES,
INC.
CITY OF CLEARWATER
EASEMENT
06/11/02
NEW PLAN EXCEL REALTY
TRUST, INC.
CITY OF CLEARWATER
PB 125/21
2. The UAO shall continue to have all rights under the UAO' s real property interest
document identified above, except that the use of the real property shall be subject to the
control of the FOOT pursuant to paragraph 3 hereof.
3. The FOOT shall have the right to control the UAO's use of the real property interest
.created by the document identified above in the following manner:
a. The FOOT may require, for any present or future transportation facility project,
that any facilities of the UAO be located, protected, adjusted, or removed as the FOOT
determines is necessary (including the timing of any of such activities) to accolO1lodate
the transportation facility project. The UAO shall have the right to engage in
additional protective measures during the transportation facility project beyond what
the FOOT determines is necessary i provided that the cost of any such additional
protective measures shall be borne by the UAO.
b. The UAO shall operate and maintain the UAO's facilities located on the real
property in accordance with FOOT standards as set forth in the FOOT=s then current
Utility Accommodation Manual.
c. Any placement of new facilities or adjustment, upgrading, removal, or relocation
of the UAO's facilities proposed by the UAO shall be subject to the prior approval of
the FOOT as provided in and under the conditions of the FOOT's then current Utility
Accommodation Manual. Approval will be granted through the issuance of a utility
permit.
4. In the event the FOOT exercises it's rights under paragraph 3 hereof and the exercise
of those rights creates costs over and above what the UAO would normally have incurred had
this subordination not been executed, the FOOT will bear the excess costs. Excess costs shall
include, but not necessarily be limited to, damage to the UAO's facilities resulting from
'gJl. Df"01O'T. Qn, n?
PAGE 2
failure of FDOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FDOT
bearing the excess costs shall be by separate agreement.
of
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this
, 200_
day
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Transportation Development for
District VII
WITNESS
PRINT NAME
PRINT NAME
ADDRESS:
DONALD J. SKELTON. PE
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
WITNESS
PRINT NAME
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing instrument was acknowledged before me this day of
, 200_, by DONALD J. SKELTON, DIRECTOR OF TRANSPORTATION DEVELOPMENT for
District -YII-, who is personally known to me or who has produced as
identification.
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
'D1\ n"...e", an, n...
PAGE 3
IN WITNESS WHEREOF, the UAO has
its City Manager, countersigned by its
seal hereto affixed, effective this
caused these presents to be executed in its name by
Mayor, attested by its City Clerk, and its official
day of , 2004.
counter'i~~ ~
Brian J.
C TY OF CLEARWATER, FLORIDA
By:
William B. Horne, II, City Manager
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor of the City
of Clearwater,Florida, who executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein set forth, and who is
personally known to me.
o'-f-l-
WITNESS my hand and official seal this ~ day of
~
, 2004.
Notery ~t~' o~
Print/type name:
"V~'
/~II!\ .~~ Carolyn L Brink
{of :.*~ MY COMMISSION # 00203569 EXPIRES
~;;. .~ilf May 22, 2007
..{.iit;,i~~"" BONDED THRU TROV fAIN INSURANC~ IHe
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, City Manager of
the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be his free act and deed for the use and purposes herein set forth, and
who is personally known to me.
WITNESS my hand and official seal this <j?\.f-t.-day of ~ , 2004.
~c1.~
Notary Public - State of Florida
Print/type name:
Assistant City Attorney
..,~~ Carottn L Brink
!"I} . MY CCiMMISSION I 00203569 EXPIRES
i*~: May 22, 2007
'-r 0;' . .' 8ONOlO 1HlIU 1llOV FAIN INSUIAIICUlt
"'UI~
PARCEL 801. 02
PAGE 4
SECTION 17, TOWNSHIP 29 SOUTH, RANGE /6 EAST
PINELLAS COUNTY, FLORIDA
This sketch is NOT a survey.
:t:
....
Q:
o
::e
I' = 40'
EAST LINE OF
DONATED PARCEL
R/W DONATION TO FOOT AS
RECORDED IN O.R. 128GI. PAGE 1952
PINELLAS COUNTY. FLORIDA
SOUTH R/W LINE OF
GULF TO BAY BLVD IS.R. GOl
PER FOOT SEC 15150-2512 8
FDOT SEC 15040-(2517)2522
R/W WIDTH VARIES
~
Q
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,.,
,.,
,.,
o
PARCEL NO.
801.02
Q
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a CO <D
en 0
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SIDEWALK EASEMENT
LOT 3
560.08 SF!
CTl
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SOUTH LINE
OF LOT 3
l4J ~
EAST R/W LINE OF u.s. 19 IS.R. 55)______
PER FOOT MAP SEe ,5150-2512 8 ~
WEST LINE OF LOT 3
R/W WIDTH VARIES
POC
NW COR LOT 4
LEGEND
BLVD BOULEVARD
COR CORNER
FOOT FLORIDA DEPARTMENT
OF TRANSPORTATION
O.R. OFF/CAL RECORDS BOOK
(PI PLAT DATA
P . B . PL A T BOOK
PGS. PAGES
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
R/W ,RIGHT-OF-WAY
SEC SECTION
SF SQUARE FEET,
S.R. STATE ROAD
SEE SHEET 2 FOR GENERAL NOTES
a LEGAL DESCRIPTION.
an II'l
.
N N
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a a
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N 89a02'30~ W
4.00'
POS
SE COR OF
DONATED
PARCEL
Wo.
. ,.., 1Il
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lTtN.
- 00
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LOT 4
o
z
SURVEYOR'S CERTIFICATION
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH
AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF OUR KNOWLEDGE AND BELIEF AS
RECENTLY PREPARED UNDER OUR DIRECTION AND
THAT THIS SKETCH MEETS THE INTENT OF THE
MINIMUM TECHNICAL STANDARDS FOR SURVEYING
PURSUANT TO SECTION 472.027. FLORIDA STATUTES
AND 'CHAPTER 61Gj7~6, FLORIDA ADMINISTRATIVE
CODE.
wL f:L:1J .
WILLIAM H. F\.:L'CHUM ,~
PROFESSIONAL LAND SURVEYOR 04993
PBS8J.' LB 24
5300 w. CYPRESS S1. SU ITE 300
TAt.f'A, -:FLORIDA 336(17
18131 282 -72"(5; -
FLORiO'A DEPAHT~ENT OF
STATE ROAD NO. N/A
i / ''1/e;,L
DATE
SKETCH a DESCRIPTION
W. P. I. NO. N/A
SECT! ON N /A
TRANSPORT AT I ON
PINELLAS COUNTY
FIELD BOOK NO.
N/A
SCALE: 1".40'
SHEET I OF 2
"
This instrument prepared by,
or under the direction of
RICHARD R. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 802.02
WPI/SEG 4149921
S.R. NO.: 55
COUNTY PINELLAS
SECTION : NIA
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 06/11/04 By: FRED W. EDWARDS
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMEN'.l' , entered into by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FOOT, and the City of CLEARWATER, Florida, a
municipal corporation, a Utility Agency Organization, hereinafter called the UAO.
WIT N B SSE T B:
WHEREAS, the UAO presently has an interest in certain real property that is needed for
a transportation facility; and
WHEREAS, the proposed use of the real property requires subordination of the UAO's
interest to the FOOT; and
WHEREAS, the FDOT is willing to participate in the cost of locating, protecting,
adjusting or removing the UAO's facilities if necessary to prevent conflict between the UAO's
facilities and the transportation facility;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FOOT and the UAO hereby agree as follows:
1. The UAO hereby subordinates to the interest of FOOT, its successors, or assigns, any
and all interest the UAO has in the real property described as follows:
A parcel of land being a portion of Lot 4, CLEARWATER HALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of Pinellas County, Florida, lying within the
Southwest 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida,
being more particularly described as follows:
COMMENCE at the Northwest corner of Lot 4, CLEARWATER HALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of Pinellas County, Florida, lying on the East
right of way line of u.S. 19 (State Road 55) per Florida Department of Transportation Map,
PARCEL 202.02
PAGE 1
Section 15150-2512; thence S 89002'30" E, along the North line of said Lot 4, a distance of
10.35 feet to a point being the Northeast corner of a parcel of land donated to the Florida
Department of Transportation and recorded in Official Records Book 12861, Page 1960 of the
Public Records of Pinellas County, Florida, said point also being the POINT OF BEGINNING;
thence continue S 89002'30" E, along the North line of said Lot 4, a distance of 4.00 feet;
thence S 01002'15" W, along a line lying 4.00 feet, East of and parallel with the East line of
the aforementioned donated parcel, a distance of 267.50 feet; thence N' 89002'30" W, a
distance of 4.00 feet to the Southeast corner of said donated parcel; thence N 01002'15" E,
along the East line of said donated parcel, said line being 10.35 feet East of and parallel
with the aforementioned East right of way line of u.S. 19 (State Road 55) and the West line
of said Lot 4, a distance of 267.50 feet to the POINT OF BEGINNING. .
Containing 1,070 square feet, more or less.
The interest of the UAO being subordinated hereby includes, but is not necessarily limited
to, the interest created by the following document:
INSTRUMENT
DATE
FROM
TO
OR Bk/Pg
EASEMENT
11/28/89
TRIZEC PROPERTIES,
INC.
CITY OF CLEARWATER
7172/1500
EASEMENT
06/11/02
NEW PLAN EXCEL REALTY
TRUST, INC.
CITY OF CLEARWATER
PB 125/21
2. The UAO shall continue to have all rights under the UAO' s real property interest
document identified above, except that the use of the real property shall be subject to the
control of the FDOT pursuant to paragraph 3 hereof.
3. The FDOT shall have the right to control the UAO's use of the real property interest
created by the documen't identified above in the following manner:
a. The FDOT may require, for any present or future transportation facility project,
that any facilities of the UAO be located, protected, adjusted, or removed as the FDOT
determines is necessary (including the timing of any of such activities) to accOlNllOdate
the transportation facility project. The UAO shall have the right to engage in
additional protective measures during the transportation facility project beyond what
the FDOT determines is necessary, provided that the cost of any such additional
protective measures shall be borne by the UAO.
b. The UAO shall operate and maintain the UAO' s facilities located on the real
property in accordance with FDOT standards as set forth in the FDOT=s then current
Utility Accommodation Manual.
c. Any placement of new facilities or adjustment, upgrading, removal, or relocation
of the UAO's facilities proposed by the UAO shall be subject to the prior approval of
the FDOT as provided in and under the conditions of the FDOT's then current Utility
Accommodation Manual. Approval will be granted through the issuance of a utility
permit.
4. In the event the FDOT exercises it's rights under paragraph 3 hereof and the exercise
of those rights creates costs over and above what the UAO would normally have incurred had
this subordination not been executed, the FDOT will bear the excess costs. Excess costs shall
include, but not necessarily be limited to, damage to the UAO's facilities resulting from
failure of FDOT's protective measures where the UAO has not elected to undertake additional
PARCEL 802.02
PAGE 2
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FOOT
bearing the excess costs shall be by separate agreement.
of
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this
, 200_
day
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WITNESS
PRINT NAME
By:
Director of Transportation Development for
District VII
WITNESS
PRINT NAME
PRINT NAME
ADDRESS:
DONALD J. SKELTON. PE
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 200_, by DONALD J. SKELTON, DIRECTOR OF TRANSPORTATION DEVELOPMENT for
District VII , who is personally known to me or who has produced as
identification.
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 802.02
PAGE 3
IN WITNESS WHEREOF, the UAO has
its City Manager, countersigned by its
seal hereto affixed, effective this
caused these presents to be executed in its name by
Mayor, attested by its City Clerk, and its official
day of , 2004.
CITY OF CLEARWATER, FLORIDA
ti1t1Jh"-~. ~7I..
William B. Horne, II, City Manager
Brian J.
By:
ATTEST:
STATE OF FLORIDA
ss
COUNTY OF PlNELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor of the City
of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein set forth, and who is
personally known to me.
WITNESS my hand and official seal this
P~.t:<:~~
t...;t.,
day of
YLnr-
, 2004.
Notary
Print/type name:
"'6\~:;~ Carolyn L Brink
t.~.il:~ MY COMMISSION # OD203569 EXPIRES
~.,,:. : ! May 22. 2007
~:,9f:f .' 80NDEO THIlU TROY FAIN !~SURANCE. INC
STATE OF FLORIDA
ss
COUNTY OF PlNELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, City Manager of
the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be his free act and deed for the use and purposes herein set forth, and
who is personally known to me.
'+t..
WITNESS my hand and official seal this ~ day of
Notary Pub~t~~ ~
hrv
, 2004.
Print/type name:
Carotyn L Brink
MYCOMMlSSIQN# D0203569 EXPIRES
1000IO....~ 22, 2007
''''''' TRoY FAIN fNS~ INC
PARCEL 802.02
PAGE 4
S~CTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST
PINELLAS COUNTY, FLORIDA
This sketch is NOT 0 survey_
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH
AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF OUR KNOWLEDGE AND BELIEF AS
RECENTLY PREPARED UNDER OUR DIRECTION AND
THAT THIS SKETCH MEErS; THE INTENT OF THE
MINIMUM TECHNICAL STANDARDS FOR SURVEYING
PURSUANT TO SECTION 472.027, FLORIDA STATUTES
AND CHAPTE.P. 61 GI1-6. FLOR I DA,ADMI NISTRA TI VE
CODE. ,II . :
(AJJ-f1~! '/"/04
WILLlAMH. FULG~IUM. " DATE
PROFESSIONAL LAND SURVEY R -4993
PBS8J LS'24 ',-, \
5300 W. CyPRESS ST. SUITE 300
TA~A. FLORIOA 33607
IBI)12B2-7275
FLORIDA DEPARTMENT OF
STATE ROAD NO. N/A
:z:
....
It:
C)
~
s a9.02'30~ E
10.35'
LOT 3
4.00'
I" = 40'
POB
NE COR OF
DONATED PARCEL
NORTH LINE OF LOT 4
S 89.02'30" E N a9.03'26" WIPI
4.00'
POC
NW COR LOT ~
E AS T LI NE OF
DONATED PARCEL
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R/W DONATION TO FOOT AS
RECORDED IN O.R. 12861. PAGE 1960
PINELLAS COUNTY, FLORIDA
EAST R/W LINE OF U.S. 19 IS.R. 551
PER FOOT MAP SEC 15150-2512 8
WEST LINE OF LOT 4
R/W WIDTH VARIES
LEGEND
BL VO BOULEVARO
COR CORNER
FOOT FLORIDA DEPARTMENT
OF TRANSPORTATION
O.R. OFFICAL RECORDS BOOK
(PI PLAT DATA
P.B. PLAT BOOK
pes. PAGES
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
A/W RIGHT-OF-WAY
SEe SECTION
SF SOUARE FEET
S.R. STATE ROAD
SURVEYOR'S CERTIFICATION
N a9.02'30- W
4.00'
SE COR OF
DONATED PARCEL
SEE SHEET 2 FOR GENERAL NOTES
8 LEGAL DESCRIPTION.
SKETCH & DESCRIPTION
W.P.I. NO. N/A
SECTION N/A
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TRANSPORTATION
PINELLAS COUNTY
FIELD BOOK NO.
NIA
SCALEl 1".40'
SHEET I OF 2