FLORIDA DEPARTMENT OF TRANSPORTATION
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PINELLAS COUNTY FLA.
OFF.REC.BK 7907 PO 1296
I INST . 92-139400
MAY 13v 1992 5:33PM
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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: II j~ /I j
Date: J - 2..8 - i:z. By: .v/al?hl!:.. (VI. r..rt)n/~ '(1uC/
PARCEL
SECTION
S . R . NO.:
COUNTY
122.3
15070-2524
580
PINELLAS
P-
11 RECO~DING
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SUBORDINATION OF CITY UTILITY INTERESTS
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THIS AGREEMENT, entered into this ~ 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
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
foilows, viz:
RIGHT OF WAY
That part of Lot 22, Mayfair, in Section 29, Township 28
South, Range 16 East as recorded in Plat Book 83, Pages 3-4 of
the Public Records of Pinellas County, Florida~
Being described as follows:
Commence at a 3" X 3" concrete monument, P.L.S. #827, marking
the point of tangency on the Westerly boundary of Lot 22,
Mayfair, as recorded in Plat Book 83, Pages 3-4 of the Public
Records of Pinellas County, Florida; said point also being a
point on the Easterly right of way line of Landmark Drive;
thence South 00020'49" East along said Easterly right of way
line and the Westerly line of said Lot 22, a distance of
100.53 feet to the POINT OF BEGINNING; thence South 51021'42"
East, a distance of 41.02 feet; thence North 89048'03" East,
a distance of 78.05 feet to a point on the Easterly line of
said Lot 22; thence South 00020'42" East along the Easterly
line of said Lot 22, a distance of 4.12 feet to the Southeast
corner of said Lot 22; thence South 89039'57" West along the
Southerly line of said Lot 22, and the Northerly right of way
KARLEEN F. DEBLAKERy CLERK
F,ECORD VER I F I E[I BY: ~
PARCEL 122.3
PAGE 1
EXlIIllIT "A"
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I~'[NI=I lAS COUNTY FLA.
.. .,..... ... ., ~ 'j '") (, ..,
OFF.REC.DK 7907 ~G .~ I
line of state Road 580, a distance of 109.93 feet to the
Southwest corner of said Lot 22 and a point on the Easterly
right of way line of Landmark Drive; thence North 00020'49"
West along the Westerly line of said Lot 22 and the Easterly
right of way line of Landmark Drive, a distance of 30.11 feet
to the POINT OF BEGINNING.
Less existirig rights of way.
Containing 878 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 DATE FROM TO PLAT BOOK
ENCUMBRANCE /PAGE
EASEMENT BY 02/03/81 CITY OF 83/3 & 4
PLAT CLEARWATER
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 122.3
PAGE 2
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IpINELLAS COUNTY FLA.
OFF.REC.BK 7907 PO 1298
IN WITNESS WHEREOF, the Department hereto has executed this
agreement on the day and year first above written.
Signed, sealed and delivered
in the presence of witnesses:
DEPARTMENT
By:
rpNJ
5\~~~
PRINT NAME S~q reO f.J R l ~\ ~~ ~
Director of Production
for District VII
STATE OF FLORIDA
COUNTY OF li,Llsbomu,gh
r"_.ORIDA DEPT. OF TRANSPORTATION
4950 W. KENNEDY BLVD.
SU ITE 500
TAII./IPA, FLORICA SB6B9
instrument was aCk~edged~re m~his ~day.
, 199 a, by h n fV\ p _ ,
for District~ve..'('\ l who is personallY;/k
has produced ~Lor-ido. DV"iv~..!S Llc.e.nse. .'.'-"/ .! ,
and who did (did not) take an oath.
I
known to me or who
as identification,
B)~ a? ~~.' ",~/rl~:"'~"
-~~~~;('~\I'
PRINT NAMEE\t:.re\\ \. __":'\\'~,~~.;'il,'.',
't. "-... r. 1"~.'
Notary Public in and for the ~;"',";-;::.:,'::~'
County and State last afOl;e.s,ai.r\'Of"=,lr'I'j".:>.c'I!,"o",,
.. . Nota1j'T~OurICOL~e.. r h.... '.;t _,. . _':;;..
My Commlsslon Explres: My C9r:&1ri'1"i,,'1 1=":",17"'" lim. 11, '1'1;;3
Serial No., if 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~"'h/~.n )~
ij;~)IbST.Cny~
PRINT NAME Cynthia E. Goudeau
~ Clerk '(~i-',DeputY Clerk)
Approved as to form and
correctness:
City of Clearwater , Florida,
By Its Board of City Commissioners
Countersigned:
By:
Its ~hat~~~~S~N M or-Commissioner
~~~x~~~~*~hat~~~~s~~ Rita Garvey
NAME
City of Clearwater, Florida
ADDRESS P. O. Box 4748
Clearwater, FL 34618
By:
Mlchael J. Wri
City Manager
PARCEL 122.3
PAGE 3
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PINELLAS COUNTY FLA.
OFF.REC.BK 7907 PG 1299
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personallYa~~~~red Rita Garvey, Michael J. Wright,
M. A. Galbr:ai th, Jr., and tYi='a~A:'~ g;~&a.u-, to me well known, and
known by me to be the, individuals described in and who executed the
foregoing instrument as Mayor-Commissioner, City Manager, City
Attorney and Cit~~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.
?-6t
day of
NA~;}a~
My Commission Expires:
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PARCEL 122.3
PAGE 4