SUBORDINATION OF CITY UTILITY INTERESTS - SAM'S CLUB - PARCEL 700.04
\
ThIs instrument prepared by,
or'and~r the direction of
RICHARD Ro VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 700.04
WPI!SEG 4149981
S.R. NO.: 55
COUNTY PINELLAS
SECTION : 15150-XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 08/12/05 By: Brad R. Gerswick
KEN BURKE, CL~:F~~~I~~RT
PINELi...AS CO~~~87 02/13/2006 at 08:56 AM
INST# 2006K. 14927 PG: 751-755
OFF REC.BAGM RECORDING: $44.00
DocType.
UTL.04
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 facility; and
WHEREAS, the proposed use of the real property requires subordination of the UAO's
interest to the FOOT; 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 FOOT and the UAO hereby agree as follows:
1. The VAO hereby subordinates to the interest of FDOT, its successors, or assigns, any
and all interest the VAO has in the real property described as follows:
That part of I,ot .1, SAM'S CLUB CLEARWATER, as recorded in Plat Book 116, Page 80 of t.he
Public Records of Pinellas County, Florida, lying i.n thE" Southea~Jt 1/4 of Section 18,
Township 29 South, Range 16 East, being more particularly described as follows:
PA..RCEL 700" 04
PAGE 1
, ,
COMMENCE at the Northwest corner of said Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat
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 S 89040'52" E, parallel
with said Survey Line, 10.00 feet; thence S 01003'36" W, 40.00 feet; thence N 89040'52" W,
70.00 feet to the said common line between SAM'S CLUB CLEARWATER and THE REGENCY; thence
N OP03'36" E, along said common line, 40.00 feet to the said POINT OF BEGINNING.
Containing 2800 square feet, 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 DATE FROM TO OR Bk/Pg
EASEMENT 04/28/93 WAL-MART STORES, CITY OF CLEARWATER 8406/939
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
PARCEL 700.04
PAGE 2
~~,
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.
5. IT is understood and agreed by the parties hereto that the rights granted herein shall
terminate upon completion of this transportation project, but no later than the last day of
any TCE in favor of the FOOT which encumbers the property described herein.
of
IN~ITNESS WHEREOF, the FOOT has executed this agreement effective this
<.AdL-ItdtiA.4 , 200~.
\
'i~^
day
Signed, sealed and delivered in
~:~-
WITNESS . ,.' ..... .'
PR~.. NT, NAME, ,c?:;uns. G. . .J,,' h;'p
/ ~41 'eff)~ /
-mTNESS ' L, /) ~_
PRINT NAME O(l.:5C{~ , { Q IIV'lj-L2-
STATE
RTMENT OF TRANSPORTATION
By:
Director of Transportation Development for
District VII
PRINT NAME
ADDRESS:
SCOTT W. COLLISTER, P.E. CPCM
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612 ?IJY~
Ii
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
foreg~g instrument was acknowledged before me this ~ day of
200~, by SCOTT W. COLLISTER, DIRECTOR OF TRANSPORTATION DEVELOPMENT
for Distri .....Y.I.L, who is personally known to me ~ wllU Ita::> proGl:lclWld ~.____~..._.__.as-
""...UllOdel=-- ~-'-, _~_
.~~.~~
l:rl:" \~
: \ .~~g
~""",'\f;"
'r,lt~fltft"..
DEANNA L Au:iERMAN
MY COMMISSION 1/ DO 104132
EXPIRES: July 17. 2006 ,
[3""dod Thru Notary Publlo untIGrwntcrs
-_.---=-~.~'>~,...~
PR r NT N AHE Df<::j:H'iNl:\..J:.. j\.r:..Q.~B.MI\l'Y
Notary Public in and for the
COlln'ty arid State last 2'foresaj..d
f1y Commission Expires.
S ell. a 1 i',J CJ
d.ny
PAHCEL 700 04
PAGE J
XN WXTNESS WHEREOF, the UAO has caused these presents to be
its City Manager, countersigned by its Mayor, attested by its City
seal hereto affixed, effective this ~~ day of r'~1
executed in its name by
Clerk, and its official
, 2006.
Countersigned:
/~we ~ ~
Frank V.~bard, Mayor
OF CLEARWATER, FLORXDA
~
City Manager
ATTEST:
STATE OF FLORXDA
ss
COUNTY OF PXNELLAS
BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of
City of Clearwater, Florida, who executed the foregoing instrument and acknowledged
execution thereof to be his free act and deed for the use and purposes herein set forth,
who is personally known to me. U/Y II /J A
wzf5 ~a7JJ;;;;j ~ day of rr~/'t- ,2..6.
,{otarY Publie -~t. of ,'ori~ ~'! \
Print/type name:~e.,<J kSeJ t1~ UJi SOI-J
the
the
and
o"~I'-Y Pu<\,(/ Denise A. Wilson
;- ~ ~ Commission # DD296233
~ \J\?~ Expires June 18, 2008
~ OF f") Ho~ded Ttoy Fain -Io$"",nce, loe. 800-3B5.7n19
STATE OF FLORXDA
ss
COUNTY OF PXNELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, XX, 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. U/Y I,
SS "IV hend end offie ~ ..~ thie J3 day of u ~T ,2..6.
Print/type name:
to form:
~P' Den'" A. WllIOn 3t
\ , eommtIIiO" . [)02982
"'- ExplrII June 18. ~ll
... ClP 1IIIIIlII4,.,,.........
owski, Assistant City Attorney
PARCEL 700.04
PAGE 4
WPIS 4149981
STATE ROAD 55, PINELLAS COUNTY
PARCEL 700
" J::O I
Scale 1 =VI
This is not a survey
GULF TO BAY BLVD.
S.R. 60
w
>
0::
o
(/)
(/)
<(
CL
>-
en
70'
THE b b
~ ~
REGENCY
SUB \70'
PARCEL 700
1
85-18 1
, S
SAM R -W
C 1. E A _
116
c1.\JB
A'TER
8 0
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
~~I~ LEGAL SKETCH
atEaCED" WPIS 4149981 STATE ROAD 55 SHEET
E. BARRETT PINELLAS COUNTY . 1 OF 1
SECT-TW4IlQ
11/0'8i2005 PARCEL 700 18-29S-16E
T
.....0.
LGL700
299B