SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 107.03I#: 2006356163 13K: 15385 PG: 1477, 09/26/2006 at 11:59 AM, RECORDING 5 PAGES
$44.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK:
CLKTDI2
lihis instrument prepared by, 5
r or under the direction of !',A•.
RICHARD R. VICKERS
DISTRICT SEVEN GENERAL COUNS`. 'L-,i ..,!
Department of Transportatitm.,
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612 `:..
'r
PARCEL : 107.03
WPI/SEG : 2568812
.S.R. NO.: 55
COUNTY z PINELLAS
SECTION ; 15150-xXxi,'
MANAGING DISTRICt AW8 EN
'Y
Legal DescripCionz.Approved:
Date: g=6/ fi',• 8?! G d
UTL.04
. r•
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 ?DOT; 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:
That portion of Lot 1, SEVER PARK, as recorded in Plat Book 90, Page 59 of the Public Records
of Pinellas County, Florida, lying in the southeast 1/4 of the Southeast 1/4 of Section 18,
Township 29 South, Range 16 East, in the City of Clearwater, Pinellas County, Florida, being
described as follows:
Commence at the southwest corner of Lot 1, SEVER PARK, as recorded in Plat Book 90, Page 59
of the Public Records Of -Pinellas County, Florida; thence along the south line of said Lot 1,
also being the south line of the Southeast 1/4 of section 18, Township 29 South, Range 16
PARCEL 107.03 PAGE 1
PINELLAS COUNTY FL OFF. REC. EK 15385 PG 1478
East, S 88956144" E, 199.91 egt`•.,to the southeast corner of said Lot 1 and a point on the
existing west right of way 1?ea State Road 55 (U.S. Highway 19) as per Florida Department
of Transportation Section IS15,-)04(207) Right of Way Map; thence along the east line of said
Lot 1, also being said west`-right of way line, N 01003'39" E, 385.00 feet to the POINT OF
BEGINNING; thence departi'*' T said lines, N 88056'44" W, 1.70 feet to a non-tangent curve
concave to the west, hav q% a radius of 3807.72 feet; thence northerly along the arc of said
curve 287.81 feet, through a central angle of 04019'51", having a chord bearing and distance
of N 02°45'51" W, 28.1.1.4, 'feet to the point of reverse curvature with a curve concave to the
east, having a radkua`ot.3831.72 feet; thence northerly along the are of said curve 102.87
feet, through a c?e?tia`i angle of 01032'181, having a chord bearing and distance of
N 04°09'38" W, 1p2..-8i14eet to a point on the west right of way line state Road 55 (U.S.
Highway 19) as p?-r F? ida Department of Transportation section 15150-2512 Right of way Map,
also being the, 'nrith line of said Lot 1 and a point on a non-tangent curve concave to the
northeast, hayl ig 4a radius of 78.00 feet; thence along said lines, southeasterly along the
arc of said curkq,_: 1.95 feet, through a central angle of 23928'10", having a chord bearing
and distance'rof•`5. 71023158" E, 31.73 feet to the northeast corner of said Lot 1; thence along
said east .;;iii?o `of Lot 1, also being said west right of way line of State Road 55 (U.S.
Highway Section 1515-104(207) Right of Way Map, S 01003'39" W, 379.98 feet to the
POINT OF:BBGINNING.
Containincj '1,185 square feet, more or less.
Thgitetest of the UAO being subordinated hereby includes, but is not necessarily limited
tojL;:he interest created by the following document:
INSTRUMENT DATE FROM TO OR Hk P
ORDINANCE 06/30/89 SOUTH GATH PARK,
INC. THE CITY OF
CLEARWATER 7037/1945
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 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.
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.
PARCEL 107.03 PAGE 2
PINELLAS COUNTY FL OFF. REC. BK 15385 PG 1479
4. In the event the FDOT,exs-40es it's rights under paragraph 3 hereof and the exercise
of those rights creates cogts••,ogdr and above what the UAO would normally have incurred had
this subordination not been,e`xbcuted, the FDOT will bear the excess costs. Excess costs shall
include, but not neceseakily be limited to, damage to the UAO's facilities resulting from
failure of FDOT's protect ?-6 measures where the UAO has not elected to undertake additional
protective measures pursi"t'to subparagraph 3.a. hereof. The specific arrangement for FDOT
bearing the excess costa shall be by separate agreement.
IN TES WEMEOF, the FDOT has executed
i':':- - ? 20.
4V.
this agreement effective this J& ,.._ day
signed, sea ed'ana delivered in STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
the presence•':Qf.,:`-
y By,.
WITNESS `S DireC or of Trans rtation Development for
PRIN N clT +.Z; District VII
V
PRINT NAME ..SCOTT W. COLLISTA& P j_. CPCM
ITNNS3`:;' C ADDRESS: 11201 N. Malcolm McKinley Dr.
PRINT _ NAME V d Eli '-l rr Tampa, Florida 33612
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing, instrument was acknowledged before me this Zi " day of
00_1a, by SQM W. T , DIREMR OF TRANSPORTATION DEVELOPMENT
District V , who is personally known to me .aq
' err
sarr
PRINT NAME BANNA L. ALDE N
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any: .
PARCEL 107.03 PAGE 3
PINELLAS COUNTY FL OFF. REC. SK 15385 PG 1480
1 ?M
IN WITNESS WFI$REOF,;. thi F said party of the first part has signed and sealed
these presents the day az!,' e m first above written.
Countersiguedi CI OF CLEARWATER, FLORIDA
Frank V. Hibbard, .•May*-r.` William H. Horne, II, City )!ganger
LSTATE OF ?LORtEik
s s8
COUNTY 9r.'PiNELLAS
8$I+-'RS NR, the undersigned, personally appeared Frank V. Hibbard, the Mayor of
the :.?3'ty of Clearwater, Florida, who executed the foregoing instrument and
acks>,oivledged the execution thereof to be his free act and deed for the use and
pu p6sss herein not forth, and who is personally known to ale.
QA1
_` .WxTN8S8 my hand and official seal this T_ day of
2.046; _
Notary Public - to f Florida
Print/type n 1 Q A? ?. d ?1l1
STATE OF FLORIDA D1ANEEMANNI
: + 9 R MY COMMISSION • DOlS2WyJ'
COUNTY OF PINELLAS % FM1df EXPIRES Mar.42MO
(4m 3mol66 FOWN Nary 81nAa-
REFORM NE, the undersigned, personally appeared Willi
Manager of the City of Clearwater, Florida, who executed the
and acknowledged the execution thereof to be his free act and
purposes herein not forth, and who is personally known to ms.
WITNESS my hand and official seal this ?- day of
2006. ,
Notary Public ?Bt//e?\Jof lorida
Print /type name : ? I44 e- ?. Ra4n /
Approved tc fo z
Laura Lipowski, As start City Attorney
PARCEL 107.03
am B. Horne, 11, City
foregoing instrument
deed for the use and
NE B MANNI
?ML4SICNIfOOJ26Q3S
IRE& khr.6,2Mo
Ikfa N-y ew?c?,aam
PAGE 4
PINELIAS COUNTY FL OFF. REC. BK 15385 PG 1481
LOT 1
SEVER PARK
Plat Book 90, Page 59
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N 88'56'44"
S.W. comer Lot 1 770'
S 8856'44" E 199.91'
CITY OF CLEARI/ATER. FLORIDA
PUBLIC WORKS ADMISTRATION
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