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NORTHWOOD WEST Cl C 4,' i .'e ,.s..,QQ'___ q O.:~ <~3 :n~ ~'j--: "',''-,.''-'.r.:.':..,F'' '~I'" Tot 6 c 0 oil' - . ~ lJ'l~ ~ r-I . -p.. ...-1 ... Cf.l Ul l:: P::; Q) 0 ~ +lUl ctIP4 H S ~ p..o~ u ..c:r-1 Cf.l . E-i U'l ~ t!J M <<1M ~ r-I ...-1 H SQ)r-1 J:iI :>t ~ Q) ::E; ... .. "'H g :>tQ)Q) .Q+I+I ~ ...-1 ctI "d~~ Q) ... H :>t ctI ~ ctI Q) Q) P4 ~ r-I Q) r-I U I H'..-I ~ P4t!J ... "'+1 ~ +lQ)Q) l:: l:: Q) Q)...-I H ~ S "d +I :;jOCf.l Cf.l HZ +I ...~ H UlUlH ! l:: "d ctI ...-1 H p.. ctI Ul..c:M ...-1 t.l ui ~ ..c:...-IN E-iP::;r-1 Cf.l H ~ 00 r-! I1":l C\1 ~ C\1 Q) -I-l as as == r-! ~ ~ as 00 Q) -.:tI ... ,. ,!l:ll""'ll'- ~ O~U~Q) -I-l Q) -I-l I""'ltH~aS l::UOO3= ~ ~~ :;j :>,:>, . as -I-l-l-l-l-lOQ) Q) .r-!.r-! . I""'l Cl::UU~U ~L I [ ,0.. i.5369 PAGE2184 r:n.:~.~lJfYA~~2 smBHtS5 DRAINAGE AND UTILITY EASEMENT THIS INDENTURE, made this /~ day of r~ , A.D. 1982, between NORTHWOOD WEST, a Florida Gifneral Partnership of the County of Pinellas, State of Florida, party of the first part, and CITY OF CLEARWATER, FLORIDA, party of the second part, WIT N E SSE T H , That the said party of the first part, for and in consideration of the sum of One Dollar and other good and valu- able considerations to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby grant and release unto the said party of the second part, a non-exclusive perpetual drainage and utility easement over, under and across the following described property; lying in the County of Pinellas, State of Florida, to wit: The north five feet (5') of Lot 20; the south five feet (5') of Lot 21; the south five feet (5') of Lot 141; the north five feet (5') of Lot 142. All lots being per the plat of Northwood West as recorded in Plat Book 85, pgs .1, 2, 3, 4, and 5 Public Records of Pinellas County, Florida. IN WITNESS WHEREOF, the party of the first part has caused these presents to be duly executed the date first above written. Signed, sealed and delivered ~~- NORTHWOOD WEST, a Florida General Partnership BY: PIONEER SERVICE CORPORATION, a Partner ; ;JHOeO ~lUFL' r;.j,PLORtOA .t'ad~." "Oul!:l.sAw ClER', CiRCUiT COURT JuL Z 12 31 ~M 'az II" " STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take ac- know ledgrnt=Il ts , Harlan D. r-1erhige, President of Pioneer Service Corporation, a partner,' and William G. Bla,ckburn, a partner of NORTHWOOD WEST, a Florida general partnership, to me well known and known to me to be the persons described in and who executed the foregoing instrument; and they acknowledged before me that they executed the same for the purposes therein expressed. WITNESS Pinellas, and A.D. 1982. my h~nd and official seal at Clearwater, County of State of Florida, this / i- day of ~_ ~j&~ , ,.>~.:<,~':-\\,\, :si /. ~ I ,.,1,' ,_. " ;... I: \ ~ Y _ ':;,'~_ > _~-..l ~ ;;;..-'" .....-- .>~ .'....._\;' -< ' ":-"'~ My Commission E~~~etS'::' 'i ~~: '. ;.,.,~ ;/ {. ~>.-..", ,'" .' ',' - "'"', "'l 1 \ ,..,. ,i : ~ ,~,"Ct..Gt ~ ._!'~....!' :.: -~, "';';. \~ r"'" (j }J.M~' l~t~ir~~<:F'. ... \.. ~.n;';;<."" 1 ~_~L. ll~, EGP/lg cc :~~~3~~;l/"'.r?'" L//,y/?"Z.r .1'(1,6;. Notary Public ,~~ ,'1 ,...!.v ;:J3:i o.cument... Td ,~. t. -.. ,-.....- .-...... ;._1 ".-:;. la~1 ,;:_",,'.',._,......1.... In"a~ T. ,,~, l(1~1~~kM, Oe~, 'iMMes Cownty IV, ~~~~~.. &.,oty Cleft / '7 )Jf():3b- I , t , \, \ .... , '!I r, ;'i -n ~"'-', .. '1"',,' . ~ ,I -, 'I ~ .,\-.... , 'r ".' I,' '.", I I ,!" ..,,""' , ~,,' "" r,', '" , ' "I :;, I,. ~\.:'~' ,'- "'"( . \')'. ,~," ~ .\ ~I.." l. . ~ _"'I (-i ,'J' t,~,j~I, '.qr"" e,l - {}::i' y' ~\" ~I It,.. - INST I 92-139398 MAY 13v 1992 5:33PM I PINELLAS COUNTY FLA. OFF.REC.BK 7907PG 1288 This instrument prepared by, or under the direction of William T. Mccaig, Eminent Domain Chief Department of Transportation 4950 W. Kennedy Blvd., suite 500 Tampa, Florida 33609 PARCEL SECTION S . R. NO.: COUNTY 133.3 15070-2524 580 PINELLAS 'I 11 RECORDING ACCT 1'- 0 -ll-.':f 3 9 - LU"" IT -L~t:s=o r< Legal Description Approved: A ' J An. j Date: 1- 27-12. By: V/4J1~~ IV!. Lr-"ntJ1~ REC F[FS MTF pre PIC DOC INT TOTAL --.----. ..-.-... UTL.04 SUBORDINATION OF CITY UTILITY INTERESTS _ J (/ .5 0 ---, 01.1" THIS AGREEMENT, entered into this i..O....~day of ~, 199~, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department, and CITY OF CLEARWATER, hereinafter called City. WIT N E SSE T H: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by city to the Department; and WHEREAS, the Department is willing to pay to have the City's facili ties relocated if necessary to prevent conflict between the facilities so that the benefits of each maybe retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, city and Department agree as follows: ci ty subordinates any and all of its interest in the lands as follows, viz: RIGHT OF WAY A portion of the Northwest 1/4, of the Southeast 1/4, and the Northeast 1/4, of the Southeast 1/4 of Section 29, Township 28 South, Range 16 East. 1..2 c t.. ~ ~ ~ LUCI) Commence at a 5/811 Iron Rod, RLS No. 2043, marking the ~ cJ!22 Southeast corner, Lot 141, Northwood West as recorded in Plat ~~~ Book 85, Pages 1-5, of the Public Records of Pinellas CountY1 <: en ~ Florida, said Southeast corner also being a point on the ~ ~ <: C Easterly line of said plat of Northwood West; thence North :::: ~ ~12 00004' 3611 East along the Easterly line of said plat of >a53~ Northwood West, a distance of 744.72 feet to a point on the t; ~~J) existing Southerly right of way line of State Road 580; thence a:S:~U1' North 89039'5611 East, along said right of way line, a distance ~ fR ~ of 400.06 feet to the POINT OF BEGINNING; thence continue 6~'-(J~ North 89039'5611 East along said Southerly right of way line, a distance of 350.05 feet to a point on the Westerly right of way line of Landmark Drive; thence South 00004'3711 West, along the Westerly right of way line of Landmark Drive, a 9istance Being more particularly described as follows: . .,..., y J:l,.FE\< I<t\Rl...EEN F. I:t\:l::~l:.f~\.:.L~\.:-- ~~ RECORD VERIFILU BY. PARCEL 133.3 PAGE 1 EXHIBIT "B" '1 I PINELLAS COUNTY FLA. DFF . nEC. [I\", '7907, F'G :1. 209 of 30.00 feet; thence North 45007'44" West, a distance of 38.43 feet; thence South 89029'32" West, a distance of 322.78 feet; thence North 00004'37" East, a distance of 3.70 feet to the POINT OF BEGINNING. Less existing rights of way. containing ~483 square feet, more or less. to the interest of the Department, its successors, or assigns, for the purpose of construction, improving, maintaining and operating a road over, through, upon and/or across the lands, including but not limited to the claim of interest based on the following: RECORDED NATURE OF ENCUMBRANCE DATE FROM TO O.R. BOOK/PAGE EASEMENT 01/30/87 HERITAGE UNITED CITY OF METHODIST CLEARWATER CHURCH AT COUINTRYSIDE 6456/1889 PROVIDED that the following rights are reserved to the city: 1. The city shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the Department's current minimum standards for such facilities as required by the State of Florida, Department of Transportation, Utility Accommodation Guide, dated May, 1990. Any new construction or relocation of facilities within the lands will be subject to prior approval by the Department. Should the Department 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 Department hereby agrees to pay the cost of such al teration, adjustment, or relocation, including, but not limit~d to the cost of acquiring appropriate easements. 2. 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, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the Department's facilities. 3, The City agrees to repair any damage to Department facilities and to indemnify the Department against any loss or damage resulting from the City exercising its rights outlined in Paragraphs 1 and 2 above. PARCEL 133.3 PAGE 2 . . I I PINELLAS COUNTY FLA. OFF.REC.BK 7907 PO 1290 IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and in the presenc ---\ By. Director of Production for District VII S\~~\\~N~ PRINT NAM6\r\o.J~('~ R \ \\e \ W\ ~ STATE OF FLORIDA FLORIDA DEPT, OF TRANSPORTATION 4950 W. KENNEDY BLVD, SUITE 500 TAMPA, FLORIDA 33609 COUNTY OF )-\\\ \ ,6rcu3h .. " ,"; , ' -,"" ' "", .. /, The foregoing instrument was ackl1.q.ltll~dged before me this ~.d,a,,';f L, ' .oL....~L 199CL, by .c.J.obn \eN1.p\ e. '.\ ~'\O(i +f c:tiOf'l UiY"'~c1-br for District ' per.son4~j.~" known to me or who has produced :-;:,y';-{ '''j. as identification, and who did (did '~;_,<\,' &}wJ/ d 0u;;//Mt' ~':' ,:;;, :. ,',,' PRINT NAME5re.rE:'~-r- ~~n; Notary Public in and for the county and state last aforesaid'IF1 'd IL " '. Notary Public State 0 on a a arga My ~ommlss lOI! Explres 'My OClmmiooieA E)(~ireG Jan. 11,1993 Serlal No., lf any: IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of city commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year afores id. ATTEST: City of Clearwater /7111'-,/ 771., .. w~/iJNI1;II657.CnyCU<<BY Its Board of city ftINT NAME Cynthia E, Goudeau o Clerk,(yr, Deputy Clerk) , Florida, Commissioners Approved as tb~ iform and correctness: --AuK a ~- M: A, Gal~~Jr. Clty Attorney By: Its ~"~XEp~XSGR M or-Commissioner f3~xYX~~~~"~XX~~XSGR~Rita Garvey NAME City of Clearwater, Florida ADDRESS P. O. Box 4748 Clearwater, FL 34618 By: , City Manager PARCEL 133.3 PAGE 3 : ,I I __PI~ELLAS COUNTY FLA. O~~.R~C.BK 7907 PG 1291 STATE OF FLORIDA COUNTY OF PINELLAS BEFO~E ME personally ~~~~~~d R~k9 Garvey, Michael J. Wright, M. A, Galbraith, Jr" and ~yn&i1:f~.~Wddeau-, to me well known, and known by me to be the individuals described in and who executed the foregoing instr~p.rnt as Mayor-Commissioner,' City Manager, City Attorney and Ci~Clerk, respectively, of the above-named city and that the seal affixed to the foregoing instrument is the city seal of said city and the said instrument is the free act and deed of said city. WITNESS my hand and official seal this Apr i l, 19 9 2 , 9tiL day of mL~~;;f~ Nqtary Publ' My Commission Expires: ,.' :\\,\1\UIIII"'1 ;', $'",'\'\ ~'lN II ~"; ~ .~<:.;) .......: 1'/'1 "'''' .:: '\..~}...n.TA n'" v> ~ !, ,.fJ1J .,- ~ v IT r...~'.,(\- ~ ,"/~l .~~ 's '.:J i MY COMM. EXPIRES ; 'cfl = ~ 'S SEPTQttBER 5, 1995 :. E -:, ~ . -- ..,.. . " s \ J'~'.f! U B \. \ ~.,~~ $ '...... 11,.i'......r...~ ~ "'II c Of f\:\J \\,0:- 1IIIHII"\\\\ PARCEL 133.3 PAGE 4 ~ ", . .. ~t->,\O;'l , ~ '. r ~ t\ r.v I], Nt"T' :11: 9':>-- j -'9399 ~\,t .:J ~ ..I ~) A. ..:> ~. . ~. , ,"" "" \,,<:1 1.1 A Y 'l ... 'll~ 9 '') t- · '7 -. F' M ."'~' ..'\~ \\ . .',: (~t)( 'I I' . ,:), ,7 -<.. ,). ,;h~- ; ......_ /0 __ ~\\'~\t ,\I~ cJ .-' U'r II . J This instrument prepared by, or under the direction of William T. Mccaig, Eminent Domain chief Department of Transportation 4950 W. Kennedy Blvd., suite 500 Tampa, Florida 33609 'I Legal Description Approved: ~ Date: 1- 2. 7- 12- By: JJ..ltlmu=~ UTL.04 I P.TNF/ ' OFr ~_~-lAS COUNTY FL_f~. · h/::.L. EO,' 7907 I PC) :/. ~~9~,') PARCEL . : SECTION : S . R. NO.: COUNTY 133.4 15070-2524 580 PINELLAS R- 11 RECO~D1NG c- Accr . - 'oo', !oolj:31 1 vJJ- ---P REC -,--L~- So 0 r=a:s !d. Cln:n vL l'..~;F PTG f';C P,)t), ,~~'l 10T:All. \'q~ S 0 .0 IJ.- SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this I O~ day of ~r'l L , 199.:b., by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department, and CITY OF CLEARWATER, hereinafter called City. WIT N E SSE T H: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the Department; and WHEREAS, the Department is willing to pay to have the City'S 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 Department agree as follows: city subordinates any and all of its interest in the lands as follows, viz: ~ ~ we/) 2dm L1..> L1..-1 000 ~;;c:t:C c:w9E -za:: >rDo:1 ~':>t::u!.c1) c..:>~<i . c: f:1..UJ ~~:2: ~~~~ ~ c (. ~ ~ RIGHT OF WAY A portion of the Northwest 1/4, of the Southeast 1/4, and the Northeast 1/4, of the Southeast 1/4 of section 29, Township 28 South, Range 16 East. Being more particularly described as follows: Commence at a 5/8" Iron Rod, RLS No. 2043, marking the Southeast corner, Lot 141, Northwood West as recorded in Plat Book 85, Pages 1-5, of the Public Records of Pinellas County, Florida, said Southeast corner also being a point on the Easterly line of said plat of Northwood West; thence North 00004'36" East along the Easterly line of said plat of Northwood West, a distance of 744.72 feet to a point on the existing Southerly right of way line of State Road 580; thence North 89039'56" East, along said right of way line, a distance of 400.06 feet to the POINT OF BEGINNING; thence continue North 89039'561' East along said Southerly right of way line, a distance of 350.05 feet to a point on the Westerly right of way line of Landmark Drive; thence South 00004'37" West, along the Westerly right of way line of Landmark Drive, a distance ,- - Itr:'fl\ AKEF\~CLE'F~I\ K'AF'I Er.N f.. r... - -".- - \.. ..r.. .' BY' ~ RECORD VERIFr~D . · PARCEL 133.4 PAGE 1 EXHIBIT "e" I I .... c COUNT'" FU~... F'[N~LLA~ I~r '\?93 . . .' "7907 .. \., ..- OFF.REC.BK ' of 30.00 feet; thence North 45007'44" West, a distance of 38.43 feet; thence South 89029'32" West, a distance of 322.78 feet; thence North 00004'37" East, a distance of 3.70 feet to the POINT OF BEGINNING." Less existing rights of way. containing 1483 square feet, more or less. to the interest of the Department, its successors, or assigns, for the purpose of construction, improving, maintaining and operating a road over, through, upon and/or across the lands, including but not limited to the claim of interest based on the following: RECORDED NATURE OF ENCUMBRANCE DATE FROM TO O.R. BOOK/PAGE EASEMENT 01/30/87 HERITAGE UNITED CITY OF METHODIST CLEARWATER CHURCH AT COUNTRYSIDE, INC. 6471/2151 PROVIDED that the following rights are reserved to the City: 1. The city shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the Department's current minimum standards for such facilities as required by the State of Florida, Department of Transportation, Utility Accommodation Guide, dated May, 1990. Any new construction or relocation of facilities within the lands will be subject to prior approval by the Department. Should the Department 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 Department hereby agrees to pay the cost of such al teration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. 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, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the Department's facilities. 3. The City agrees to repair any damage to Department facilities and to indemnify the Department against any loss or damage resulting from the city exercising its rights outlined in Paragraphs 1 and 2 above. PARCEL 133.4 PAGE 2 I I ' I PINELLAS COUNTY FLA. OFF.REC.BK 7907 PG 1294 IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed in the presenc 5\~~R\~~ PRINT NAME 3 \f\Q R()~\4eVv\-S STATE OF FLORIDA COUNTY OF 1\~\ L.~~ , .;.. STATE OF FLORIDA DEPARTMENT OF ~ON\ ~ By: ~ I Director of Productlon for District VII FLORIDA DEPT. OF TRANSPORTATION 4950 W. KENNEDY BLVD, SUITE 500 TAMPA, FLORIDA 33609 " " : ~1 :..:., :,r:>.',~ ,'. I, " -J::e ,foregoing instrument was ac~ledge~fore me this ~,:~ay:. ot.~,~ cDIiL , 199~, by ~() \~Y\-i~Le~ - " ..' .~/ -+-.f-DtIUai(')rJ U\ rt-r-\-nr for Di~tljict_ ~\/.- ("'\ '. who is pe~soria~ly ,'" known to me or who has produced FLondq ~~~ \ '\/".....(Lc;.!'"'" J..;..:...,,; r, as identification, and who did (did not) take an oath. ' <. Notary Public in and for the County and State last afo:r:..esaid. fFt rI ,. . NOrmy PutlllC stale 0 6 da at large My ~ommlsslo~ Exp~res :My Cemml66len Expires elM. 11, 1993 Serlal No., lf any: IN WITNESS WHEREOF, the said grantor has caused these presents to be executed ,in its name by its Board of City Commissioners acting" by the Chairperson or Vice~Chairperson of said Board, the day and year aforesaid. ' ATTEST:'>nA8~~ ~~;:J/I~ /V;I1N~ A~Ctryo.ee( ~ PRINT NAME cynt, hia E. Goudeau 10 Clerk (or Deputy Clerk) Approved as to form and correctness: " PARCEL 133.4 City of Clearwater , Florida, By Its Board of City Commissioners Countersigned: or-Commissioner Rita Garvey NAME City of Clearwater, Florida ADDRESS P. O. Box 4748 Clearwater, FL 34616 By: Manager ~ PAGE 3 po" r' ' " ,. I I PINELLAS COUNTY FLA OFF.REC.BK 7907 PG 12~5 STATE OF FLORIDA COUNTY OF PINELLAS BEFO~E ME personallY#~B~~~~~~~P Garvey, Michael J, Wright, M. A. Galbraith, Jr., and :Gy1{d(i~~~~Q~, to me well known, and known by me to be the 'individuals described in and who executed the foregoing instr~!!1ent as Mayor-Conunissioner, City Manager, City Attorney and ci~E~erk, respectively, of the above-named city and that the seal affixed to the foregoing instrument is the city seal of said city and the said instrument is the free act and deed of said city. WITNESS my hand and official seal this April, 1992. NO~~ riA day of My Commission Expires: \'\' \ ,""" II I I, ",\ \ oJ t I J ~'" ,\; C\\- \ I" . L.... ",. -:' ~J ....... "Q " ~ / ~..'~~~ T A rtl,:,,'/;~~ .....:--<-1." r. ~ "1It-"'. .-- ~ "':': .. ~(/) ~ :: (J: MY cm.~M rrftRES ~ : ~ ~ stPlLMUER 5, l~: = ; ... .:i "'p (".. ~ S.... U B l \ ~.,~~ .:> ~. ,. '. .' 0"'01 ",'" " ;4~ ....... i'\+-' , ""III ( OF ~\.\J ,\\\\" "",,,,,,,'\' PARCEL 133,4 PAGE 4