SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 801.05This instrument prepared by,
or and r t e direc ion of
By: i2'
Department of Transportat'on
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL : 801.05
WPI /SEG : 4271661
S.R. NO.: 590
COUNTY : PINELLAS
SECTION : 15050 -XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 04/24/2012 By: ROGER P. WHITLEY
UTL.04
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 FDOT; 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:
A parcel of land being a portion of Lot 2 of The Padgett Estate, a subdivision as recorded in
Plat Book 4, Page 11 of the Public Records of Pinellas County, Florida. Said parcel of land
also lying in and being a portion of the Northeast Quarter of Section 15, Township 29 South,
Range 15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the center of Section 15, Township 29 South, Range 15 East, Pinellas County,
Florida; thence North 00 °01'03" West along the west line of the Northeast quarter of said
Section 15, a distance of 2657.77 feet to the Northwest Corner of the Northeast Quarter of
said Section 15 and a Point of Intersection at Survey Line Station 98 +42.50 of State Road 590
(Drew Street) per Florida Department of Transportation Financial Project No. 4271661; thence
PARCEL 801.05 PAGE 1
South 89 °18'56" East along the north line of the Northeast quarter of said Section 15, and
along said Survey Line 248.91 feet; thence South 0 °01'15" East, 17.16 feet to a point on the
existing south right of way line of said State Road 590 and the POINT OF BEGINNING, said
point being on the north line of said Lot 2; thence South 89 °15'04" East along the south
right of way line of said State Road 590, and said north line of Lot 2, a distance of 209.01
feet; thence South 00 °06'02" West, along the east line of said Lot 2, a distance of 6.39
feet; thence North 89 °36'30" West, 198.93 feet; thence S 45 °25'31" W, 14.12 feet to the
easterly right of way line of Jefferson Avenue; thence North 00 °01'15" East along said
easterly right of way line, 17.67 feet to the POINT OF BEGINNING
Containing 1522 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
04/02/76
CASPER HERZOG AND
MAGDALENA HERZOG,
HIS WIFE
CITY OF CLEARWATER
4401/2/5
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.
4. In the event the FDOT 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 FDOT 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 FDOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FDOT
bearing the excess costs shall be by separate agreement.
PARCEL 801.05 PAGE 2
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this day
of , 2013.
Signed, sealed and delivered in STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
the presence of:
By:
Director of Transportation Development for
WITNESS District VII
PRINT NAME
PRINT NAME DEBBIE HUNT
ADDRESS: 11201 N. Malcolm McKinley Dr.
WITNESS Tampa, Florida 33612
PRINT NAME
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 2013, by DEBBIE HUNT , DIRECTOR OF TRANSPORTATION DEVELOPMENT
for District VII who is personally known to me or who has produced
as identification.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 801.05 PAGE 3
IN WITNESS WHEREOF, the UAO has caused to be executed in its name, by its City Council
acting by the Chairperson or Vice - Chairperson of'said Board, this agreement effective this
day of , 2013.
ATTEST: The City of CLEARWATER , Florida,
By Its City Council
PRINT NAME
Clerk (or Deputy Clerk) By:
Its Chairperson (or Vice - Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF CLEARWATER
The foregoing instrument was acknowledged before me this day of
, 2013, by , Chairperson (or Vice -
Chairperson) of the CLEARWATER , Florida, City Council, who is personally known to me or
who has produced as identification.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 801.05 PAGE 4
IN WITNESS WHEREOF, the UAO has caused to be executed in its name, by its City Council
acting by the Chairperson or Vice - Chairperson of said Board, this agreement effective this
day of , 2013.
The City of CLEARWATER , Florida,
ATTEST: By Its City Council
PRINT NAME By: *see attached please
Clerk or Deputy Clerk)
STATE OF FLORIDA
COUNTY OF PINELLAS
Its Chairperson (or Vice - Chairperson)
PRINT NAME
ADDRESS
The foregoing instrument was acknowledged before me this day of
, 2013, by , Chairperson (or Vice -
Chairperson) of the CLEARWATER , Florida, City Council, who is personally known to me or
who has produced as identification.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 806.03 PAGE 4
Countersigned:
— C eOf rCrkkthj
George N. Cretekos
Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
��:�iF -4%jn ?C?; ,Far;
illiam B. Horne II
City Manager
Rosemarie CaII
City Clerk
I#: 2013245249 BK: 18100 PG: 935, 07/26/2013 at 03:08 PM, RECORDING 5 PAGES
$44 .00 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY
DEPUTY CLERK: CLKDMC3
This instrument prepared by,
or und�r t e direc ion of
By: V
Department of Transportat' n
11201 N. Malcolm McKinley Drive "
Tampa, Florida 33612 "
PARCEL 801.05 -
WPI/SEG 4271661
S.R. NO. : 590
COUNTY : PINELLAS _
SECTION . 15050-XXXX >
MANAGING DISTRICT: SEVEN
Legal Description Approved: -"
Date: 04/24/2012 By: ROGER P. WHITLEY , \'
UTL.04 '
SUBORDINATION OF CITY UTILIZZY INT�ERFSTS' '
THIS AGREEMENT, entered into by and-between f,he STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FD0QT, -'and \the I City of CLEARWATER Florida, a
municipal corporation, a Utility Agency Organizafiori,, hereinafter called the UAO.
T H:
WHEREAS, the UAO presently,bas an\interest in certain real property that is needed for
a transportation facility; and` `
WHEREAS, the propos, c&'\ se.'of th�� real property requires subordination of the UAO's
interest to the FDOT; and v
WHEREAS, the VPOT is.\willi>ng to participate in the cost of locating, protecting,
adjusting or removinglthe UA®"s facilities if necessary to prevent conflict between the UAO's
facilities and the\ t'rapsportation facility;
NOW, THEREFORE,;.in consideration of the premises and the mutual covenants contained
herein, the F�OT-and_the UAO hereby agree as follows:
1. The UAQ\.herpl;y subordinates to the interest of FDOT, its successors, or assigns, any
and dll, interes'� the UAO has in the real property described as follows:
A parcel of land being a portion of Lot 2 of The Padgett Estate, a subdivision as recorded in
Plat Book 4, Page 11 of the Public Records of Pinellas County, Florida. Said parcel of land
also lying in and being a portion of the Northeast Quarter of Section 15, Township 29 South,
Range 15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the center of Section 15, Township 29 South, Range 15 East, Pinellas County,
Florida; thence North 00 001103" West along the west line of the Northeast quarter of said
Section 15, a distance of 2657 .77 feet to the Northwest Corner of the Northeast Quarter of
said Section 15 and a Point of Intersection at Survey Line Station 98+42.50 of State Road 590
(Drew Street) per Florida Department of Transportation Financial Project No. 4271661; thence
PARCEL 801.05 PAGE 1
PINELLAS COUNTY FL OFF. REC. BK 18100 PG 936
South 89018'56" East along the north line of the Northeast quarter of said Section 15, and
along said Survey Line 248.91 feet; thence South 0 001'15" East, 17.16 feet to a point on the
existing south right of way line of said State Road 590 and the POINT OF BEGINNING, said
point being on the north line of said Lot 2; thence South 89 015'04" East along the south`
right of way line of said State Road 590, and said north line of Lot 2, a distance of 209.0'x'
feet; thence South 00 006'02" West, along the east line of said Lot 2, a distance c2f--6-.-3_� 1,
feet; thence North 89 036130" West, 198.93 feet; thence S 45 025131" W, 14.12 feet-to the, ',
easterly right of way line of Jefferson Avenue; thence North 00 001' 15" East ,i�,onxj',said
easterly right of way line, 17.67 feet to the POINT OF BEGINNING <
Containing 1522 square feet, more or less. _
The interest of the UAO being subordinated hereby includes, but is no-t necessarilyy limited
to, the interest created by the following document:
I
INSTRUMENT DATE FROM TO OR Bk/Pg
EASEMENT 04/02/76 CASPER HERZOG AND CrT-f, OF CLEARWATER 4401/215
MAGDALENA HERZOG,
HIS WIFE
2. The UAO shall continue to have all r ghtg\ under, the UAO's real property interest
document identified above, except that the,'p-se-'of t'he`rgAl property shall be subject to the
control of the FDOT pursuant to paragraph;l hereof'.
3. The FDOT shall have the right td\cQntrbl -the.'UAO's use of the real property interest
created by the document identified,'a-bove,ir� ehe-following manner:
a. The FDOT may require; for',any present or future transportation facility project,
that any facilities of ,f}ae UA6,, e located, protected, adjusted, or removed as the FDOT
determines is necessary (including the timing of any of such activities) to accommodate
the transportation 'f4\aility project. The UAO shall have the right to engage in
additional protect-i-vie asures during the transportation facility project beyond what
the FDOT determines- i$ necessary, provided that the cost of any such additional
protective measures sh4il be borne by the UAO.
b. The tJT�O, 911all_-6perate and maintain the UAO's facilities located on the real
property_in accprdance with FDOT standards as set forth in the FDOT's then current
Utility Ae dmmot ,ition Manual.
C. `.Arty '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
AcdoelAtion Manual. Approval will be granted through the issuance of a utility
permit.
4. In the event the FDOT 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 FDOT 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 FDOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FDOT
bearing the excess costs shall be by separate agreement.
PARCEL 801.05 PAGE 2
PINELLAS COUNTY FL OFF. REC. BK 18100 PG 937
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this day
of 2013.
„
„
„
Signed, sealed and delivered in STATE OF FLORIDA DEPARTMENT OF TRANS PORTATI-0N-, `.
th �esence. of:
By.<:::�j A ZL,---,Direc or of Transportation Dev lopm1el t/for
N S LL District VII
PRINT NAME /JQ.r ��, rs '�j
�FRINT NAME DEBBIE HUNT
ADDRESS: 11201 N. Malcolm, McKipll,'ey Dr.
I ESS Tampa, ii6t'ida`,23612
PRINT NAME( i ^71G().
,
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing,',insteitmeri `>was acknowledged before me this . day of
SJI� , 12013„'by/EBBIE HUNT , DIRECTOR OF TRANSPORTATION DEVELOPMENT
for District VII,----, h wo`\ is personally known to me or who has produced
> as identification.
SLEANDELNEW PRINT NAME
ys >MEMRES:J* 6,2015 Notary Public in and for the
:°''•` EXPIRES:July 2R.2015 Y
eai 'I"" �'��0�”" County and State last aforesaid.
My Commission Expires:
Serial No. , if any:
PARCEL 801.05 PAGE 3
PINELLAS COUNTY FL OFF. REC. BK 18100 PG 938
IN WITNESS WHEREOF, the UAO has caused to be executed in its name, by its City Council,
acting by the Chairperson or Vice-Chairperson of said Board, this agreement effective thlsk
day of 2013.
The City of CLEARWATER Floridi,
ATTEST: By Its City Council `
PRINT NAME By: *see attached pl!a'dse >
Clerk or Deputy Clerk) Its Chairperson (or Vice!dhairper'son)
PRINT NAME
ADDRESS
STATE OF FLORIDA >
COUNTY OF _PINELLAS_
v>
The foregolh --instz'umi�nt was acknowledged before me this day of
, "2013, Hy Chairperson (or Vice-
Chairperson) of the GLEARWAT,ER Florida, City Council, who is personally known to me or
who has produced`. as identification.
PRINT NAME
-- Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No. , if any:
PARCEL 801.05
PAGE 4
PINELLAS COUNTY FL OFF. REC. BK 18100 PG 939
„
Countersigned: CITY OF CLEARWATER, FLORIDA
- cteolc ON crth a -
By: Qui%,'.�v ,�a0^1;c A r,-.
George N. Cretekos William B. Horne 1
Mayor City Manager
Approved as to form: Attest:
vltu'a-/
Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk,;