SUBORDINATION OF UTILITY INTERESTS - PARCEL 811.03
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.-NST # 93-137014
MA' 13, 1993 10:26AM
PINELLAS COUNTY FLA.
OFF.IEC.BK 8271 PG 303
This instrument prepared
under the direction
Kenneth G. Wing
Assistant Genoral Counsel
Department of Trans
11201 N. Malcolm McK
Tampa, Florida 33612
PARCEL I 811.03
SECTION I 15070-2524
S.R. NO.1 580
COUNTY I PINELLAS
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Legal Description Approved: 11.../)
Date: Februarv 24, 1993 By: Dianne M. Collins ~rv
FLORIDA DEPT. OF TRANSI'ORTATJON
JANE IIARRIS, RIW SUPERVISOR
DISTRICT VlllUW OFFICE, M.S. 7-900
11201 N. MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612-6403
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
the
and
TillS AGREEMENT, entered into this G? day of ~1Vi~ ' , 19~, by
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, here na ter called the
,the CITY OF CLEARWATER , hereinafter called city.
and between
Department,
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 for highway purposes will require
subordination of the interest claimed in ouch lands by city to the Department; and
WHEREAS, the Department is willing to pay to have the city's facilities relocated
i~ 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 h~reto, city and Department agree as follows:
R;~DING '
:T ~ citp)' subordinates any and all of its interest in the lands as follows, viz:
_ he North 5.00 feet of Lot 27, Block "A", Northwood Estates - Tract "CO in
. J Section 29, Township 28 South, Range 16 East, as recorded in Plat Book 75,
Pages 65-66, of the Public Records of Pinellas County, Florida.
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Reing Described as follows:
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_______Commence at a 5/B" Iron Rod, P.L.S. #1762, marking the Point of Tangency
on the Westerly line of Block "A", Northwood Estates - Tract "C" as
recorded in Plat Book 75, Pages 65-66, of the Public Recorda of Pinellaa
County, .Florida, said point also being a 'point on the Easterly right of
way line of Landmark Drive; thence North 00004' 37" East along the westerly
line of said Block "A" and the Easterly right of way line of Landmark
Drive, a distance of 548.37 feet to the No+thwest corner of Lot 17, Block
"A", of said Northwood Estates - Tract "C", said .Northwest corner also
being a point on the existing Southerly right of way line of State Road
5BO; thence North 89040'41" East along the Northerly line of said Block
"A", and the Southerly right of way line of State Road 580, a distance of
815.49 feet to a point on a curve conCAve Northerly having a radius of
527.46 feet, a central angle of 00D34'34", a chord bearing of North
89013'41" East and a chord distance of 5.30 feet; thence Easterly along
said curve and Southerly right of way line of state Road 580 an arc length
of 5.30 feet to the 'Northwest corner of said Lot 27 and the POINT OF
BEGINNING; thence continue along said curve having a radius of 527.46
feet, a central angle of 08010'55", ~ chord bearing of North 84050'56"
PARCEL
811. 03 ,~~LEEN F. DEB LAKER , CLERK
, ORD VERIFIED BY: ~
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PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 304
ThiB instrument prepared by,
Under the direction~
Kenneth G. WlnQ ,
Assista"!! r;...... ~>..,l
Department of Trans ation
or
East and a chord distance of 75.26 feet; thence Easterly along the
Northerly line of said Lot 27 and the Southerly right of way line of State
Road 5S0 an arc length of 75.33 feet to the Northeast corner of said Lot
27; thence South 00'19'19" East along the Easterly line of said Lot 27 a
distance of 5.06 feet to a point on a curve concave Northerly having a
radius of 532.46 feet, a central angle of OS'06'43", a chord bearing of
South 840S3'41ft West and a chord distance of 75.26 feet; thence Westerly
along said curve 75.32 feet to a point on the Westerly line of said'Lot
27; thence North 00'19'19" West along the Westerly line of said Lot 27, a
distance of 5.00 feet to the POINT OF BEGINNING.
Less existing rights of way.
containing 377 square feet, more or less.
to the interest of the Department, its successors, or assigns, for the purpose of
construction, i.mproving, 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
PLATTED
DRAINAGE AND
UTILITY
EASEHEN~
DATE
FROM
TO PLAT
BOOK/PAGE
CITY OF CLEARWATER 75/65 ~ 66
03/26/76
NORTHWOOD ESTATES,
A CO-PARTNERSHIP
PROVIDED that the following rights are reserved to the city:
1. The City shall have the right to construct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities on, within, and upon the
landa described herein in accordance with the Department'. current minimum
standards for such facilities as required by the state of Florida,
Department of Transportation, Utility Accommodation 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 conatr~ction or relocation of
'facilities by the city or require 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 'relocation, including, but
not limited to the cost of acquiring appropriate easements.
2. The City shall have a reasonable right to enter upo~ 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 against any loss or damage resulting from the
PARCEL Sll. 03
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PINELLAS lOUNTY FLA.
OFF.REC.BK 8271 PG 305
This instrument pre~ared by,
Undex th" .dir"ction ~
I\anneln G. Wmg
Assistant General Counsel
Department of Transpo tion
or
city exercising its rights outlined in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day
and year first above written~
<:;~~ .U
WITNESS ~'J~l
PRINT NAME ,---*",c:.v~........ . ~ . -- \
, ~~; )::\~' Q
~~i~iS~AME e<~ ;;~il:J:!> \ r
DEPARTMENT OF
Signed, sealed and delivered in the
presence of;
B .
of Production for District VII
ADDRESS
11201 N. MALCOM McKINLEY Dr.
TAMPA
FL
33612
STATE OF FLORIDA
COUNTY OF \-liI'r<s'Mrf'lIIS"
The foregoing instrument was acknowledged before me this lo4h/ day of Mn'l ,
199~, by I<'e""e-l-k A. ~-'r"'r+\'Y'v1"" ,DIRECTOR OF PRODUCTION for Dis~rict
VII , who is personally known to me or ~_hc-h~~duced
as identification, and who-drd-(did not) take an oath.
,. Qi//)'/rT/7J/ J1-. ~,uJA"--', .... '
PRINT NAME :-J=nnM-l-< '~:..: .~Svs(""
.4 's; ....' ","';:"'".
Notary Public in and '~for~,t.he':;.'
county and state last afo.t-esaid ~ ", .'
My corrunission Expires': '3;OCj "lqq4
serial No.. T if any: "-
. ,"
,,-", .
ITNESS WHEREOF, the said grantor has caused these
its Board of city Coaunissioners acting by
of d Board, the day and year aforesaid.
presents to be executed in
the Chairperson or Vice-
ATTEST:
, Flor ida,
PRINT NAME
Clerk (or Deputy Clerk)
By Its City Council
By:
Chairperson
Vice-Chairperson)
PRINT
ADDRESS
PARCEL Sl1.03
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This instrument prepared by, o~
Under the direction of ~
Kennelh G. Wing
A'sl!'::t~..,! r:.,,:,~~~~~ "';ill"<:a!
Depa~tment of TranBp6i~& on
S
FLORIDA
The foregoing .
, 199_, by
Chairperson> of the
personally known to me or who
identification, and who did (did
,.
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PINELLAS COUNTY FLA.
OFF.REC.BK 8271 PG 306
was acknowledged
before me this ____ day of
, Chairperson (or Vice-
, Florida, .City Council, who is
an oath.
PRINT NAME
Notary Public in and for t
County and state last aforesa~
My Commission Expires:
Serial No., if any:
(SEE PAGE 5 FOR CITY OF CLEARWATER OFFICIAL SIGNATURES)
PARCEL Sll.03
as
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PINE'LAS COUNTY FLA.
OFF.REC.BK 8271 PG 307
By:
" FLORIDA
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G'~~?:7~i~;:.(~~~~~,\~Clerk
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STATE OF FLORIDA
COUNTY OF PINELLAS
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 n~ot take ,an oath.
WITNESS my hand and official seal this ~ day of _J f) ,1993.
I
, f\J{)j ~JO. /1 I: OuDJ.!1 )
~t/Type Name: .]'~'j{,(.{e;ff. (iJ; ISOO
Notary Public
STATE ,bF FLORIDA
COUNTY, OF PINELLAS
l~~iit"%, DENISE A. WILSON
bt~'};) MY COMMISSION I CC 201408 EXPIRES
";.l"~"'':- June18,1996
'{8i..f,>'" BOHOf"D THRU TROY fAIN INSURANCE. INC.
BEFORE ME personally appeared Michael J, Wright, the city Manager of the
above named city, who acknowledged that he executed the foregoing
instrument. He is personally known to me and did not take an oath.
WITNESS my hand and official seal this ~ day of !?~/J / 1993,
, ~
f\~ /f}j N) 0:, II Ii.' /Jan? ) . f;'\-:;~",*,.. DENISEA.WllSON
t-ifnt/Type I!ame/~I ~~-' fj. [LI,/,\()0 (i:I:~j MYCOMM:~~:.~;,cl:408EXPIRES
Notary Pub11C ....~:iii.,'i>~,.. '_OlHRUOOYfAlNIHSUIWlCE.INC,
Approved as ~d
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M. A. Galbraith,/J~.
city Attorney L)
correctness:
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