SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 800.07This 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 800.07
WPI/SEG 2568812
S.R. NO.. 55
COUNTY PINELLAS
SECTION 15150-XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 10/03/08 By: Brad R. Gerswick
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.
W I T N E S S E T H:
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:
PART "An
Part of Government Lot 1, Section 20, Township 29 South, Range 16 East, Pinellas County,
Florida, being described as follows:
Commence at the Northwest Corner of Government Lot 1, also being the Northwest Corner of
Section 20, Township 29 South, Range 16 East, Pinellas County, Florida; thence along the west
line of said Government Lot 1 and said Section 20, S 00052104" W, 1339.30 feet to the
southwest corner of said Government Lot l; thence along the south line of said Government
Lot 1, S 89013133" E, 100.00 feet to a point on the existing east right of way line of State
Road 55 (U.S. Highway 19), per the Florida State Road Department Right of Way Map Section
1515-104(207), said point also being the POINT OF BEGINNING; thence along said east right of
PARCEL 800.07 PAGE 1
way line N 00052'04" E, 754.89 feet; thence, leaving said east right of way line,
S 89007'56" E, 5.00 feet; thence S 001152'04" W,. 754.88 feet to a point on the south line of
said Government Lot 1; thence along said south line N 89013'33" W, 5.00 feet to said POINT OF
BEGINNING.
Containing 3774 square feet, more or less.
AND PART "B"
Part of Government Lot 1, Section 20, Township 29 South, Range 16 East, Pinellas County,
Florida, being described as follows:
Commence at the Northwest Corner of Government Lot 1, also being the Northwest Corner of
Section 20, Township 29 South, Range 16 East, Pinellas County, Florida; thence along the
north line of said Government Lot 1 and said Section 20, S 89059135" E, 100.00 feet to a
point on the existing east right of way line of State Road 55 (U.S. Highway 19) per the
Florida State Road Department Right of Way Map Section 1515-104(207); thence along said
existing east right of way line S 00052104" W, 100.03 feet to the POINT OF BEGINNING; thence
leaving said existing east right of way line, S 68007131" E, 5.36 feet; thence S 00052104" w,
413.78 feet; thence N 89007'56" W, 5.00 feet to a point on the said existing east right of
way line of State Road 55; thence along said right of way line N 00052104" E, 415.70 feet to
said POINT OF BEGINNING.
Containing 2074 square feet, more or less.
Total area of P ARTS "A" and "B" containing 5848 square feet, more or less.
The interest of the UAO being subordinated hereby includes, but is not necessarily limited
to, the interes t created by the following document:
INSTRUMENT DATE FROM TO OR,Bk/Pg
EASEMENT 05/29/63 ESTATE OF EUGENE CITY OF CLEARWATER 1704/674
LOVICK PEARCE et al
EASEMENT 01/05/70 JAPANESE GARDEN CITY OF CLEARWATER 3243/72
MOBILE ESTATES, INC_
2. The UAO shall continue to have all rights under the UAO's real property interest
document identi fied 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 document 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 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 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.
PARCEL 800.07 PAGE 2
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
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FDOT
bearing the excess costs shall be by separate agreement.
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this
of , 200
Signed, sealed and delivered in
the presence of:
WITNESS
PRINT NAME
WITNESS .
PRINT NAME
Legal Review
By:
District Counsel
STATE OF FLORIDA
day
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Transportation Development for
District VII
PRINT NAME SCOTT W. COLLISTER, P.E. CPCM
ADDRESS: 11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 200 , by SCOTT W. COLLISTER , 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 800.07 PAGE 3
IN WITNESS WHEREOF, the UAO has caused to be executed in its name, by its City
Council acting by the Chairperson or Vice-Chairperson of said Board, this agreement
effective this _A0S± day of otA tk(jx 2009
Counte signed: &44?? C Y OF CLEARWATER, FLORIDA
8y?
nk V. Hibbard, Mayor William B. Horne, II, City Manager
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS :
AT EST:
Cy is E. Goudeau, City Clerk
BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, 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 a? day of
2009.
Notary Public - State of Florida
Print/type name: r? DIANE E MANNI
STATE OF FLORIDA MY COMMISSION* 013526033
OF EXPIRES: Mar- 6, 201()
$ (407)398-0163 Florida Notary Servlce.com
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.
ry WITNESS my hand and official seal this day of ?Qf-IlJ(
200 `1 .
Notary Public - State of Flori SANDRA HARRIGER
MY COMMISSION 0 DD733691
Print/type name: 1 MIRES:Janumy04,2012
1-e0tf3-NOTANY Fl. Notary Dnoount A? , Co.
Appr ed as to form-
Laura Mahony Assistant C- Attorney
PARCEL 800.07 PAGE 4
WPIS 2568812 STATE ROAD 55 PINELLAS COUNTY DESCRIPTION
PARCEL 800
PERPETUAL EASEMENT
PART "A"
Part of Government Lot 1, Section 20, Township 29 South, Range 16
East, Pinellas County, Florida, being described as follows:
Commence at the Northwest Corner of Government Lot 1, also being the
Northwest Corner of Section 20, Township 29 South, Range 16 East,
Pinellas County, Florida; thence along the west line of said
Government Lot 1 and said Section 20, S 00°52'04" W, 1339.30 feet to
the southwest corner of said Government Lot 1; thence along the south
line of said Government Lot 1, S 89°13'33" E, 100.00 feet to a point
on the existing east right of way line of State Road 55 (U.S. Highway
19), per the Florida State Road Department Right of Way Map Section
1515-104(207), said point also being the POINT OF BEGINNING; thence
along said east right of way line N 00°52'04"E, 754.89 feet; thence,
leaving said east right of way line, S 89°07'56" E, 5.00 feet; thence
S 00°52'04" W, 754.88 feet to a point on the south line of said
Government Lot l; thence along said south line N 89°13'33" W, 5.00
feet to said POINT OF BEGINNING.
Containing 3774 square feet, more or less.
AND
PART "B"
Part of Government Lot 1, Section 20, Township 29 South, Range 16
East, Pinellas County, Florida, being described as follows:
Commence at the Northwest Corner of Government Lot 1, also being the
Northwest Corner of Section 20, Township 29 South, Range 16 East,
Pinellas County, Florida; thence along the north line of said
Government Lot 1 and said Section 20, S 89°59'35" E, 100.00 feet to a
point on the existing east right of way line of State Road 55 (U.S.
Highway 19) per the Florida State Road Department Right of Way Map
Section 1515-104(207); thence along said existing east right of way
line S 00°52'04" W, 100.03 feet to the POINT OF BEGINNING; thence
leaving said existing east right of way line, S 68°07'31" E, 5.36
feet; thence S 00°52'04" W, 413.78 feet; thence N 89°07'56" W, 5.00
feet to a point on the said existing east right of way line of State
Road 55; thence along said right of way line N 00°52'04" E, 415.70
feet to said POINT OF BEGINNING.
Containing 2074 square feet, more or less.
Total area of PARTS "A" and "B" containing 5848 square feet, more or
less.
scale 1 "--200'
This is not o survey
EXHIBIT 99A99
NORTH
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PINELT COUNTY FL C FF RE . kit 16499 PG 1619
the Ci this agreement effective this ray
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I wl:;.c :; wiry T _ : zt:e rra_ has caused to bo- c:Lc?cute:d in its name, by its City
-,_ r I-" , e C'k ai:L+er:?on or Vice-Chairp?rs.:?r, of said Board, this agreement A l' l- i -tf'ec' iv,? 7_i:i; ?:?+ a•,, f _.`t?Y 2',,0
LuunLersigned CITY OF CLSARWATFR FLORIDA
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Horne, "Ll, Lity Manager
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STATE er? ri ?kSD A
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C ;iti hia e_ty Clerk
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F' x.'-:=: ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of
the Dt Clearwater, Florida, who exe=cuted the foregoing instrument and
ae i :r -he execution thereof tc be bi5 t:xee act ani .,.Y for the use and
. az" set forth, and who is :eL to me.
my hand and official seal this day of'
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STATE OF FLORIDA
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COUNTY OF PINELLAS
FORF , th,-. i_•rLigned, personally appease Williaan , y
Manager of tl- "ity of 'xaarwater, Florida, who th `c : •r t:
and aunt ! X3,4:.? the e?: cutiorn thereto t? be his free act a 1i . t; 1,
purposes a set fort: , and who is peraor.ally -kyno"l to me.
WITNESS my has 3 zr. official seal this day of F"AlNot.A;. :zte L of F'lori
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