SUBORDINATION OF CITY UTILITY INTERESTS - SAM'S CLUB - PARCEL 102.04
Thili3 instrument prepared by,
CloC u'nder the direction of
RICHARD R. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 102.04
WPI/SEG 4149981
S . R . NO .: 5 5
COUNTY PINELLAS
SECTION : 15150-XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 08{15{05 By: BRAD R. GERSWICK
UTL.04
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 20060530880211312006 at 08:56 AM
OFF REC BK: 14927 PG: 756-761
DocType:AGM RECORDING: $52.50
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FOOT, and the City of CLEARWATER, Florida, a
municipal corporation, a Utility Agency Organization, hereinafter called the UAO.
WIT N E SSE T H:
WHEREAS, the UAO presently has an interest in certain real property that is needed for
a transportation facilitYi and
WHEREAS, the proposed use of the real property requires subordination of the UAO's
interest to the FDOTi and
WHEREAS, the FOOT 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 part of Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat Book 116, Page 80 of the
Public Records of Pinellas County, Florida, lying in t.he Southeast 1/4 of section 18,
Township 29 South, Range 16 East, being more particularly described as follows:
PART "AU
COMMENCE at. the Northwest corner of said Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat
PARCEL 102,04
PAGE 1
Book 116, Page 80, same also being the Southwest corner of Lot 1, THE REGENCY, as recorded in
Plat Book 85, Page 18 of the Public Records of Pinellas County, Florida; thence along the
common line between said SAM'S CLUB CLEARWATER and said THE REGENCY the following two (2)
courses: 1) S 89040'52" E, 180.00 feet to the Southeast corner of said Lot 1, THE REGENCY; 2)
N 01003'36" E, 133.50 feet to the POINT OF BEGINNING, said point being 77.50 feet South of
the Survey Line of State Road 60 and the North line of the Southeast 1/4 of said Section 18,
Township 29 South, Range 16 East, Pinellas County, Florida; thence continue N 01003'36" E,
along said common line, 27.50 feet to the existing South right of way line of said State Road
60, also known as the North line of said Lot 1, SAM'S CLUB CLEARWATER; thence along said
existing South right of way line the following two (2) courses: 1) S 89041'14" E, 275.80
feet; 2) S 83057'51" E, 53.62 feet to the Northwest corner of Lot 2, said SAM'S CLUB
CLEARWATER; thence S 00022'56" W, along the West line of said Lot 2, a distance of 22.19
feet; thence N 89040'52" W, 329.48 feet to the said POINT OF BEGINNING.
Containing 8919 square feet, more or less.
AND
PART "B"
COMMENCE at the Southwest corner of Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat Book
116, Page 80 of the Public Records of Pinellas County, Florida; thence along the Southerly
and Easterly lines of said Lot 1 the following three (3) courses: 1) S 89018'19" E, 499.95
feet; 2) N OP03'27" E, 200.00 feet; 3) S 89018'00" E, 215.61 feet to the POINT OF BEGINNING;
thence continue S 89018'00" E, along the said Southerly line, 59.05 feet to the existing West
right of way line of State Road 55 (US Highway 19) per Section 15150-2512; thence along said
existing West right of way line the following two (2) courses: 1) N 02026'33" E, 143.24 feet;
2) N 01038'04" E, 101.95 feet to a point on a parcel of land defined as a Drainage Easement
Area (Parcel 300), as recorded in Official Records Book 3579, Page 250 of the Public Records
of Pinellas County, Florida; thence along said Drainage Easement Area the following three (3)
courses: 1) N 89040'52" W, 13.00 feet; 2) N 01038'04" E, 13.50 feet; 3) S 89040'52" E, 13.00
feet to a point on the aforementioned existing West right of way line of State Road 55 (US
Highway 19); thence along said existing West right of way line for the following two (2)
courses: 1) N OP38'04" E, 84.46 feet; 2) N OP03'37" E, 85.58 feet to a point on a parcel of
land defined as a Drainage Easement Area (Parcel 300), as recorded in Official Records Book
3579, Page 250 of the Public Records of Pinellas County, Florida; thence along said Drainage
Easement Area the following three (3) courses: 1) N 88056'23" W, 13.00 feet; 2)
N 01003'37" E, 15.00 feet; 3) S 88056'23" E, 13.00 feet to a point on the aforementioned
existing West right of way line of State Road 55 (US Highway 19); thence N OP03'37" E, along
said existing West right of way line, 342.26 feet to the Southeast corner of Lot 2, said
SAM'S CLUB CLEARWATER; thence N 89041'27" W, along the South line of said Lot 2, a distance
of 20.85 feet to a point on a non-tangent CURVE concave westerly and having a radius of
3809.72 feet; thence along the arc of said curve 107.86 feet through a central angle of
01037'20", chord bearing S 03004'48" W, 107.85 feet; thence N 88056'21" W, 6.26 feet to a
point on a non-tangent curve concave westerly and having a radius of 3803.46 feet; thence
along the arc of said curve 77.14 feet through a central angle of 01009'43", chord bearing
S 04028'20" W, 77.14 feet; thence S 88056'21" E, 4.26 feet to a point on a non-tangent curve
concave westerly and having a radius of 3807.72 feet; thence along the arc of said curve
94.21 feet through a central angle of 01025'03", chord bearing S 05045'41" W, 94.21 feet to a
point of reverse curvature with a curve concave easterly and having a radius of 3831.72 feet;
thence along the arc of said curve 196.60 feet through a central angle of 02056'23", chord
bearing S 04059'56" W, 196.57 feet; thence N 88056'21" W, 3.00 feet to a point on a non-
tangent curve concave easterly and having a radius of 3834.72 feet; thence along the arc of
said curve 65.04 feet through a central angle of 00058'18", chord bearing S 03002'36" W,
65.04 feet; thence N 88056'21" W, 5.50 feet to a point on a non-tangent curve concave
easterly and having a radius of 3840.22 feet; thence along the arc of said curve 100.01 feet
through a central angle of OP29'32", chord bearing S OP48'14" W, 100.01 feet to a point of
tangency; thence S 01003'39" W, 146.25 feet to the said POINT OF BEGINNING.
PARCEL 102.04
PAGE 2
Containing 0.822 acres, more or less.
PARTS "A" and "B" having a combined area of 1.026 acres, more or less.
The interest of the UAO being subordinated hereby includes, but is not necessarily limited
to, the interest created by the following document:
INSTRUMENT OATE FROM TO OR BOOK
ANO PAGE
EASEMENT 04/28/93 WAL-MART STORES, CITY OF CLEARWATER 8406/939
INC.
EASEMENT 09/12/97 WAL-MART STORES, CITY OF CLEARWATER P.B. 116/80
INC.
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 FOOT pursuant to paragraph 3 hereof.
3. The FOOT 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 FOOT may require, for any present or future transportation facility project,
that any facilities of the UAO be located, protected, adjusted, or removed as the FOOT
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 FOOT 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 FOOT standards as set forth in the FOOT=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 FOOT as provided in and under the conditions of the FOOT's then current Utility
Accommodation Manual. Approval will be granted through the issuance of a utility
permit.
4. In the event the FOOT 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 FOOT 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 FOOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FOOT
bearing the excess costs shall be by separate agreement.
PARCEL 102.04
PAGE 3
, ,
1\ 1',
of
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this
\1~~fl\J..b,,,-,-\ , 2 0 ok- .
\
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day
Signed, sealed and delivered in
th.e presence of, ~
~~~
WITNESS J. -r:-
~ /lJJ~J//;"/
WITNESS ~ , '" ~ i ~,
PRINT NAME '- ') LI.:~Lw'\ , . { evQ~
:::~~~NT OF TRANSPORTATION
Director of Transportation Development for
District VII
PRINT NAME
ADDRESS:
SCOTT W. COLLISTER, P.E. CPCM
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612 a~
(J
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
foregoing
ins~ment was acknowledged before me this of
200~, by SCOTT W. COLLISTER, DIRECTOR OF TRANSPORTATION
VII who is personally known to me or ',iRe Ras prOQysad!
~.~ ia9R~ifieatiefi.
M day
r District
DEANNA L ALDERMAN
MY COMMISSION # DD 104132
EXPIRES: July 17, 2006
Boodo<l Thru Nolaly Public Underwrft91S
~
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaido
My Commission Expires:_________.___...____
Serial No. , if any: ..________.____..__...___....._..._
PARCEL 102.04
PAGE 4
IN WITNESS WHEREOF, the UAO has caused these presents to be
its City Manager, countersigned by its Mayor, at~d by its City
seal hereto affixed, effective this ~"'"' day of ... .. -
)
executed in its name by
Clerk, and its official
, 2006.
Countersigned:
By~~
W1lliamB._H~ne, II, City Manager
~~ p(~
Frank V. H~ard, Mayor
"
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the
Ci ty of Clearwater, Florida, who executed the foregoing instrwnent 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. ~
W<fjS nw _om om.?;J~. %3- of zr~Mf · 2006.
~t..y~~. of ~l=ida fj !Jol J ~~ Denise A. WIlson
f '; Commission # 00296233
Print/type name: 'j2.-(')("c)eJ . I "SO ,\,I..4ExpiresJune18,2008
~ CP ,Jr IIondId """ filii .1_, lno. 800416-7019
STATE OF FLORIDA
ss
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 instrwnent 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. (1N
~. ZJ~. ill_ of rr~ · 2006,
~ Denise A. WIlson
Notary pUblic~e of FlOridA /) j ~ CommisSion # 00296233
Print/type name: "JJRA)(Se) It. Wi fsJ0 ~ \,I; ExDlresJune 18,2008
~1lIi ~",_".lflIIIftI,ll\lllOll4llom.
to form:
PARCEL 102.04
PAGE 5
~
WPIS 4149981
STATE ROAD 55, PINELLAS COUNTY
PARCEL 102
Scale 1" 200'
This is not a survey
THE
REGENCY
SUB
85-18
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GULF TO BAY BLVD.
S.R.60
PARCEL 102/
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DRUID ROAD
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
\f.'~I,fc; LEGAL SKETCH
CHDCEDBY WPIS 4149981 STATE ROAD 55
E. BARRETT PINELLAS COUNTY
PARCEL 102
PART DAD and PART DBD
DAlE
11/07/2005
299B
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