SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 804.07
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This instrument prepare
under the directio of
Kenn~';::1 G. \Ving
Ass.isl[m! C~:::';:::;-al Counsel
Department of Trans
11201 N. Malcolm Mc inley
Tampa, Florida 33612
by, or
PARCEL
WPI NO.
S.R. NO.:
COUNTY
SECTION
804.07
7117045
55
PINELLAS
15150-2566
PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PC 1190
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FLORIDA DEI)T. OF TRANSPORTATJON
ATTN: M.S. 7-900, RIGHT OF WAY
MARIA CARMEN lIERNANDEZ
11201 N, MALCOLM MCKINLEY DR.
TAMPA, FLORIDA 33612.6403
Legal Description Approved: ~ /oW /~.
<J Date: :J.-/.y/ih/ By: ~
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THIS AGREEMENT, entered into this ...L.. day of.Ji}...e. ,199.1-, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the CITY
OF CLEARWATER, a municipal corporation, hereinafter called city.
.) INST U 94-174257
~\V JUN 14, 1994 7:05PM
SUBORDINATION OF CITY UTILITY INTERESTS
WIT N E SSE T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway-purposes; an~
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
WHEREAS, the FDOT is willing to pay to have the City' B 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 FpOT, its Buccessors, or assigns, any
and all of its interest in the lands as follows, viz:
That part of:
Beginning from the Southwest corner of Section 8, Township 29 South, Range 16 East, also
the point of intersection of centerlines of rights-at-way tor u.S. 19 and Drew Street, run
thence along the centerline of Drew Street, South 89 deg. 56'22" East, 100.00 feet; .thence
North 0 deg. 54'41" East, 50.01 feet to the intersection of the Easterly right-at-way line
of U.S. 19 and the Northerly rights-of-way line of said Drew Street; run thence along the
said Northerly right-ot-way line of Drew Street, South 89 deg. 56'22" East, 340.00 feet
for a Point of Beginning #2; thence proceed North 0 deg. 03'38" East, 60.00 feet; thence
North 0 deg. 54'41" E.~t, 1238.56 feet; thence South 89 deg. 44'11" East, 240.88 feet;
thence South 0 deg. 54'41" West, 1147.7~ feet; thence North 89 deg. 56'22" West, 125.00
feet; thence South 00 deg. 54'41" West, 150.00 feet to the said Northerly right-of-way line
of Drew street, thence along the said right-of-way line North 89 deg. 56'22" West, 115.00
feet to the Point of Beginning #2. ~ubject to water main easement as recorded in O.R. Book
5238, Pages 1081 & 1082, Pinellas'County, Florida.
Said Parcel containing 6.747 acres more or less.
PARCEL 804.07
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KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY:
Ct., ( ," ;,;,
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This instrument pre
Under the directi
Kenn'~,:ll G. ~Ving
Assislnni c: l::-,:;-.:,t r:""J!"l501
Department of Tran
PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PC 1191
Together with the -following described ingress and egress easement:
Beginning from the Southwest corner of said Section 8, Township 29 South. Range 16 East,
also the point of intersection of centerlinea of rights-at-way for U.S. 19 and Drew street,
run thence along the centerline of the said Orew Street South 89 deg. 56'22" East, 100.00
feet; thence North 00 deg. 54'41" East, 50.01 feet to the intersection of the Easterly
right-of-way line of U.S. 19 and Northerly right-of-way line of said Drew Street; run
thence along the said Northerly right-of-way line of the said Drew Street. South 89 deg.
56' 22" East. 340.00 feet; thence North 00 deg. 03' 38" East, 60.00 feet for a Point of
Beginning #31 thence run along a curve t~ the left having a radius of 170.00 feet, an arc
of 100.05 feet, a delta of 33 deg. 43' 13 ..,. a chord of 98.61 feet a chord bearing of North
16 deg. 47' 55.5" West; thence North 00 deg. 54'41" East, 407.07 feet; thence South 89 deg.
56'22" East, 30.00 feet; thence South 00 deg. 54'41" West, 501.45 feet to the Point of
Beginning #3.
Containing 0.302 acres more or less.
AND
Beginning from the Southwest corner of section 8, Township 29 South, Range 16 East~ also
the point of intersectiqn of centerlines of rights-at-way for U.S. 19 and Drew street, run
thence along the centerline of Drew Street, South 89 deg. 56'22" East, 100.00 feet; thence
North 0 deg. 54'41" East, 50.01 feet to the intersection of the Easterly right-ai-way line
of u. s. 19 and the Northerly rights-of-way line of, said Drew street; run thence along the
said Northerly right-ai-way line of Drew street, South 89 deg. 56'22" East, 340.00 feetj
thence proceed North 0 deg. 03'38" East, 60~OO feet; thence North 0 deg. 54'41" East,
501.45 feet to Point of Beginning #1.
From said Point of Beginning #1 proceed North 89 deg. 56'22" West. 299.12 feet; thence
North 0 deg. 54'41" East, 210.00 feet; thence North 89 deg. 56'22" West, 40.00 feet to the
Easterly right-of-way of U. S. 19; thence along said Easterly right-of-way line North 0 deg.
54'41" East, 528.31 feet; thence South 89 deg. 44'11" East. 339.10 feet; thence South 0
deg. 54'41" West, 737.11 feet to the Point of Beginning 11. Subject to water main easement
as recorded in O.R. Book 5238, pages 1081 & 1082, Pinellas County, Florida.
said Parcel containing 5.500 acres more or less.
Together with the following described ingress and egress easement:
Beginning from the Southwest corner of said Section 8, Township 29 South, Range 16 Eas't,
alao the point of intersection of centerlines of rights-of-way for U.s. 19 and Drew street,
run thence along the centerline of the said Drew Street South 89 deg. 56'22" East, 100.00
feet; thence North 00 deg. 54'41" East, 50.01 feet to the intersection of the Easterly
right-of-way line of U.s. 19 and Northerly right-of-way line-of the said Drew street; run
thence along the said Northerly right-at-way lin~ of the said Drew Street, South 89 deg.
56'22" East, 340.00 feet; thence North 00 deg. 03'38" East. 80.00 feet for a Point of
Beginning #3j thence run along a curve to the left having a radius of 170.00 feet, an arc
of 100.05 feet, a delta of 33 deg. 43'13". a chord of 98.61 feet a chord bearing of North
16 deg. 47'55.5" West; thence North 00 deg. S4'41~ East, 407.07 feet; thence South 89 deg.
56'22" East, 30.00 feet; thence South 00 deg. 54'41" West, 501.45 feet to the Point of
Beginning #3.
Containing 0.302 acres more or less.
AND:
PARCEL 804.07
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This instrument prepare
Under the directio f
, Kcnn-,:':1 G. V/ing
./J,~""";""" '. "'. . ...' ':.-" I"'::,!
Department of Trans
PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PC 1192
by, or
Beginning f~om the southwest corner of the said Section 8, Township 29 South, Range 16
East, also the point of intersection of centerlinee of rights-at-way for u.s. 19 and Drew
Street, run thence along the centerline of the said Drew Street, South 89 deg. 56'22" East,
100.00 feet; thence North 00 deg. 54' 41" East, 50,01 feet to the intersection of the
easterly right-of-way line of U.S. 19 and the Northerly right-of-way line of said Drew
street; run thence along the said Northerly right-of-way line of Drew Street, South 89 deg.
56'22" East, 340.00 feet; thence North 00 deg. 03'38" East, 60.00 feet; thence North 00
deg. 54'41" East, 501.45 feet; thence North 89 deg. 56'22" West, 339.12 feet to the said
Easterly right-of-way line of U.S. 19, also the Point of Beginning #4; thence run along
the said right-of-way line, North 00 deg, 54'41" East, 210.00 feet; thence South 89 deg.
56'22" East, 40.00 feet; thence South 00 deg. 54'41" West, 210.00 feet; thence North 89
deg. 56'22" West, 40.00' feet to the Point of Beginning .#4.
Containing 0.193 acres more or less.
Lying within the following described boundary, to~wit:
Commence at a railroad spike marking the Southeast corner of the Southwest 1/4 of Section
a, Township 29 South, Range 16 East, Pinellas County, Florida, run thence N.89056'49"W.,
a distance of 2009.16 feet along the South boundary of the Southwest 1/4 of said Section
8; thence N.00003'll"E., .a distance of 50.00 feet to the North right-of-way line of Drew
street; thence N.OooS4'S6"E., a distance of 149.74 feet; thence N.89Q56'47"W., a distance
of 59.01 feet; thence N.Oso3S'41"E., a distance of 49.03 feet; thence N.OOQ54'56"E., a
distance of 500.00 feet; thence N.03005'19"W., a distance of 100,24 feet; thence
N.01029'18"E., a distance of 100.01 feet; thence N.03015'22"E., a distance of 118.94 feet
to the POINT OF BEGINNING; thence N.48039'57"W., a distance of 43.12 feet; thence
S.89005'04"E., a distance of 33.97 feet; thence S.03015'22"W., a distance of 27.98 feet
to the POINT OF BEGINNING.
Containing 47S square feet, more or lesB.
RECORDED
NATURE OF
ENCUMBRANCE'
DATE
FROM.
TO O.R.
BOOK/PAGE
CITY OF CLEARWATER 6366/1051
EASEMENT
07/30/86
AUTOMANAGE, INC.
PROVIDED that the City has the following rights:
1. The City shall have the right to construct, operate, maintain1 improve, add to,
upgrade, remove, and relocate facilities on, within, and upon the lands described
herein in accordance with the FDOT'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
FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate easements.
PARCEL 804.07
PAGE 3
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This instrument prepared
Under the direction 0
Kcnn'}:;; G. Vling
Assislnnt c;:'::-?;-;.:d Counsel
Department of Transp
PINELLAS COUNTY FLA
OFF.REC.BK 8698 PC 1193
, or
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,
prush, 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.
4. The City agrees to repair any damage to FDOT facilities and to indemnify the FOOT
against any lOBS or damage resulting from the City exercising ita rights outlined
in Paragraphs 1 and 3 above.
IN WITNESS WHEREOF, the FDOT hereto haa executed this agreement on the day and year
first above written.
Signed I sealed and delivered in
I the presence of:
~ ~LLJ \
WITNESS ti~
PRINT~. "",Y"-n.. . I;~
1!.2::& t" C~~ VV~
WITNESS 7\ r [
PRINT NAME hrJ\,) L. l_ Pt,4-,,p,,,,<)
STATE
RANSPORTATION
By:
Dirac
VII
ADDRESS
11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing instrument was acknowledged before me this
]un9 , 199 ~ ,by Kenneth A. Hactmann
OF PRODUCTION for District VIr , who is personally known to me~~
a& iQnn~;fication.
3cd
,day of
OIRECTOR
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PRINT NAME npr:lnnr:l T. A~,~f'~~t; .~'n.:. (;/ j :
Notary Public in and f~.r-:};tle' ;'(.1. en"" .
County and state last afo,rea,a~d. .... _~ .:..::.
My Commission Expires: ..... (", :"" .~, r/..;-........
Serial No., if any: '1" .," "
"'."1"....
Notary Public Stale of Florida at Large
My Comm~ion Expires July 17, i994.
PARCEL 804.07
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PINELLAS COUNTY FLA.
OFF.REC.BK 8698 PC 1194
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By:
CITY OF CLEARWAT~, FLORIDA
Ea;~~iCla
city Manag",;r:: (!, . ."
:. ~ , ' ,,' II l~,:;'
Rita Garvey
Mayor-Commissioner
Attest:
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 m: and did. ~take an oath.
WITNESS my hand and o~ficial seal this ~ day of ~J)or ! 1994.
Ji!Mt!)BlJ~f~)ij j,
Notary Public
I . . !l\;;;:'i~n', DENISE A, WILSON
( ,CjJ/J:/.'b,"( MY COMMISSION N CC 201406 EXPIRES
. ~;;.~...!>~ June 18, 1995
"'{.~f.,r.'f.", BDNOEDTI1RL1TROY fAIN INSURANCE,INC.
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
personally known to me and did n~take an oath.
official seal this ~ day of 14/1 J. r ' 1994.
BEFORE ME personally
above named City,
instrument. She is
WITNESS my hand and
,,"Sf~";~~... DENISE A. WILSON
{:~~"l,,"> MY COMMISSION N CC 201406 EXPIRES
~",;'.~::r3 June1B,1996
.";f.fo'~f:.~>' BONDEDTIiRUTROY FAININSUPJ.NCE,INC.
'.".."
m and correctness:
!lIB-
, City Attorney
G.6, J/7-feY/~
PARCEL 804.07
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