SUBORDINATION OF UTILITY INTERESTS - PARCEL 114.02
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I INST # 93-137001
-MAY 13, 1993 10:24AM
I
This instrument prepared by, or
under the direction of
PARCEL . 114.02'
SECTION . 15070-2524
s.R. NO.: 580
COUNTY PINELLAS
Kennelh G. Wing
~Pil~ItIrM't"'t\!i ~~~
11201 N. Malcolm McK
Tampa, Florida 33612
~W(I'\.'H',
FLORIllA DEl'T. OF TRANSl'ORTATION
JANE HARRIS, R/W SUI'ERVISOR
DISTRICT VII R/W OmCE, M.S. 7-9ilO
11201 N. MALCOLM MCKINLEY DR.
TAMl'A, FLORIDA 33612-6403
Legal Description Approved: ~
Date: Februarv 24, 1993 By: Dianne M. COllins,'"
UTL.04,
SUBORDINATION OF CITY UTILITY INTERESTS
the
a.nd
THIS AGREEMENT, entered into this L day of -4-,?Yi 1 , 1992, by and between
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereInafter called the Department,
the CLEARWATER, 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 p~rposesi 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 Departm~nti and
WHEREAS, the Department 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 Department agree as follows:
RECORDING
oCT /DQ~31city subordinates any and all of its interest in the lands as follows, vizi
-.:Jlllj I
'C a'f r() 'llhllt pCll'ticm of Lot 119, Nor-thwooc1 Wnt in igction ~9, Tewnllhip 28 South,
lRange 16 East as recorded in Plat Book 85, Pages 1-5 of the Public Records
.::5 ~-..-Of Pinellas County, Florida.
-F
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~----Being described as follows.
c
)C __...Commence at a 4" x 4" concrete monument with bronze disc marking the
T ______SDutheast corner, of the Southwest 1/4 of Section 29, Township 28 South,
JTAL -"lei COR.ange 16 East, Pinellas Courity, Florida; thence North 00"04'58" East along
4~' ~he East line of ~he Southwest 1/4 of said Section 29, a distance of
~ '1, 2,632.52 feet to the POINT OF BEGINNING, said point of beginning also
being a point on the Westerly line of Lot 119, Northwood West as recorded
in Plat Book 85, Pages 1-5, Pinellas County, Florida; thence continue
I North 00004'58" East along the Westerly line of said Lot 119, a distance
of 7.43 feet to the Northw~Bt corner of said Lot 119 and a point on the
Southerly right of way line of State Road 580, said Northwest corner
bearing south 00"04'58" West, a distance of 50.02 feet from the Northeast
corner 'of the southwest 1/4 of said Section 29i thence North 89040'21"
East along said Southerly right of way line, a distance of 154.06 feet to
the Northeast corner of said Lot 119; thence South 00019'39" East along
the Easterly line of said Lot 119, a distance of 6.94 feet; thence South
89029'32" West, a distance of 154.11 feet to the POINT OF BEGINNING.
PARCEL 114.02
'KARLEEN F. DEBLAKER,
iRECORD VERIFIED BY:
CLERK
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prlELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 239
This instrument prepped by
Und~ert'~Th ~~R~ion f
Assistant General Counsel
Department of Transportation
or
Lese existing righte of way.
containing 1107 square feet more or less.
to the interest of the Department, its successors, or assigns, for the purpose of
construction, improving, maintaining and operating a road over, through, upon and/or
across the lands, including but not limited to the claim of interest based on the
following:
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK/PAGE
85/1-5
PLATTED
EASEMENT
04/16/82
NORTHWOOD WEST, A
FLORIDA GENERAL
PARTNERSHIP
CITY OF CLEARWATER
PROVIDED that the following righte are reeerved to the city:
1. The City shall have the right to construct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities ani within, and upon the
lands described herein in accordance with the Department's current minimum
standards for such facilities as required by the state of Florida,
Department of Transportation, Utility Acconunodation Guide, dated May,
1990~ Any new construction or relocation of facilities within the lands
will be subject to prior approval by the Department. Should the
Department fail to approve any new construction or relocation of
facilities by the city or re~ire the city to alter, adjust, or relocate
its facilities located within .said lands, the Department hereby agrees to
pay the cost of such alteration, adjustment~ or reloca~ion, including, but
not limited to the cost of acquiring appropriate easements.
2. 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 Department's facilities.
3. The City agrees to repair any damage to Department facilities and to
indemnify the Department againet any loes or damage resulting from the
PARCEL 114.02
PAGE 2
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Thia inatrumant prepared by, or
Under the directiontIL
Kenneth G. Wing
Assistant General Countsl
Department of Trans rtation
, FINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 240
City exercising its rights outlined in Paragraphs land 2 above.
IN WITNESS WHE~OF, the Department hereto hae executed this agreement on the day
and year first above written.
Signed, sealed and delivered in the
presence of:
~L~_<J. LL\)
WITNESS i
PRINT NAME 6-I-",V'<,~ .J.---r;dv->""\ I
~~ ~ ):A ~Iv~trr, .,
WITNESS
PRINT NAME RoB<< ,\- 1-= G \ (Y\.'SI<::.Y j r-
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA ,FL
33612
STATE OF FLORIDA
COUNTY OF -\-\ ,"II.sbon'Jr ~ h
.!~e foregoing instrument was acknowledged before me this (0 +h/ day of
I q~~ , 199~, by \<.p,,"Pc+r. A -+-l'rlMm.."" ,DIRECTOR
PRODUCTiON for District -Y11-, who is personally known to me or who-ha~-prodased
as identification, and who "EH.'cl-'" (did not) take an oath.
OF
"",Y',
r1 ' c" ..~:;;"J
'---j/f..nrHP -' 71- rf)/J....I,.,;o-<;:,::'i.
PRINT NAME ~"0e-\-\-<_ w.*f~~~~>
Notary Public in and for ":the:"~'.:.~ :. :"~';' .
County and state last af6resa,id'..,.' "/
My Commission Expires: 3-t')Q"c'rqy"'i
serial No., if any: ....-,. ". ....
" ,
I:. /,,,-,<>,_
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PARCEL 114.02
'PAGE 3
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This instrument prelpre by,
Under th" rlir"ction f
l\enneln G, Wong ,
Assislant General r;l1tln~pt ,
Department of Trans rtation
or
OFF:~;~LLAS COUNTY FLA.
, .BK 8271 PG 241
WITNESS WHEREOF, the said grantor has caused these
by its Board of city Commissioners acting by
of said Board, the day and year aforesaid.
presents to be executed in
the Chairperson or Vice-
ATTEST:
, Florida,
By Its City Council
PRINT NAME
Clerk
By:
Its Chairperson
(or Vice-Chairperson)
PRINT NAME
STATE OF FLORIDA
ADDRESS
COUNTY OF
The foregoing instrument was acknowledged
, 199_, by
vice-Chairperson) of the
personally known to me.or who has produced
identification, and who did (did not) take an oath.
me this day of
1 Chairperson (or
city Council, who is
as
PRINT NAME
Notary Public in and for the
County and state last aforesaid.
My Commission Expires:
Serial No., if any:
(SEE PAGE 5 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL 114.02
PAGE 4
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PINELLls COUNTY FLA.
OFF.REC.BK 8271 PG 242
By:
C~ATER, FLORIDA
:).ta Garvey
Mayor-Commissioner
...".......-........'1'.':...,',.
STATE OF FLORIDA
COUNTY OF PINELLAS
hae)..;J,<:'f1~J.,1"h::,;' //
ty,'Mab,ilI~~ ",'~"" "<'
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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 official seal this 2 day of ~ {' f) ,1993.
A /)ru~[jp) () ~~f' ~ )" '
pnntjType Na1ne:~1 S. , ); L\(JA.J
Notary Public
,::;F';~',. DENISE A. WILSON
l:rE.""::, MY COMMISSION I CC 201408 EXPIRES
~"~:~: June 18, 1996
.'.1.~'li;'F-f..~$ 8ONOED THRll OOY fAlIi lIiSUAAliCE, ltiC.
'.",,,,,.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Michael J. Wright, the city Manager of
above named city, who aCkn01rlledged that he executed the foregoing
instrument. He is personally known to me and did not take an oath.
f day of (1f; fj
the
WITNESS my hand and official seal this
, 1993.
(;}ff))1Jf lU. ~J~'~~
Print/Type Name: V,I.
Notary Public
, ..,...... E S W LSON
l' ,';"""JC\';', O-NI E A_ I
I J~ {:,!~"""":.j ''CI COMMISSION I CC 201408 EXPIRES
, l)~'~": 'June 18. 19'35
..p.f.~'<{.,. BOHbf:O THRUTROY fA1tllJlSUfV,NCE, INC.
Approved
~
M. A. Galbra'
city Attorney
PAGE 5