SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 806.03This instrument prepared by,
or and r �t�he,.c3irection of
By: Al
Department of Transports ion
11201 N. Malcolm McKinle Drive
Tampa, Florida 33612
PARCEL : 806.03
WPI /SEG : 4271661
S.R. NO.: 590
COUNTY : PINELLAS
SECTION : 15050 -XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 05/24/12 By: GEORGE W. MASSEY
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:
Part of Lot 8, Block B, Plaza Park Addition Subdivision as recorded in Plat Book 5, Page 53,
of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly
a part, lying in the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 29 South,
Range 15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the northeast corner of Block B of said Plaza Park Addition Subdivision; thence
South 00 °16'32" West along the easterly line of said Block B, 263.85 feet to the POINT OF
BEGINNING; thence continue South 00 °16'32" West along the easterly line of said Block B,
26.22 feet; thence South 45 °26'13" West, 7.05 feet to a point on the northerly right of way
line of State Road 590 as depicted on Florida Department of Transportation right of way
PARCEL 806.03 PAGE 1
control survey for said State Road 590 (Financial Project Number 4271661, Section 15050);
thence North 89 °25'41" West along said northerly right of way line, 11.48 feet; thence
North 28 °10'14" East, 35.22 feet to the easterly line of said Block B and the POINT OF
BEGINNING.
Containing 245 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
01/16/85
ANTHONY P. GRANESE
CITY OF CLEARWATER
5938/784
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 806.03, 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
VII
The foregoing instrument was acknowledged before me this day of
, 2013, by DEBBIE HUNT , DIRECTOR OF TRANSPORTATION DEVELOPMENT for District
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 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:
PRINT NAME
Clerk or Deputy Clerk)
STATE OF FLORIDA
COUNTY OF _PINELLAS_
The City of CLEARWATER , Florida,
By Its City Council
By:
*See attached signature page
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:
— cteo (xt n cr it
George N. Cretekos
Mayor
CITY OF CLEARWATER, FLORIDA
By: 4;g41.460 Ae�4 q'br-
iam B. Horne II
City Manager
Approved as to form: Attest:
Laura Mahony
Assistant City Attorney
vecarkakiu' OfaL
Rosemarie CaII
City Clerk
I#: 2013245250 BK: 18100 PG: 940, 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 and their ction f
By:
Department of Transporta ion
11201 N. Malcolm McKinle Drive
Tampa, Florida 33612 -
PARCEL 806.03 -
WPI/SEG 4271661
S.R. NO. : 590
COUNTY : PINELLAS _
SECTION . 15050-XXXX
MANAGING DISTRICT: SEVEN ; I
Legal Description Approved:
Date:- 05/24/12 By: GEORGE W. MASSEY \'
UTL.04
SUBORDINATION OF CITY UTILITY INtE,RMST,S"'
THIS AGREEMENT, entered into by an4-between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDGT,-/and\rhe ,City of CLEARWATER Florida, a
municipal corporation, a Utility Agency Organizatiorir hereinafter called the UAO.
T H:
WHEREAS, the UAO presently/has an\inte q st in certain real property that is needed for
a transportation facility; and,
WHEREAS, the proposed se,' f fhb real property requires subordination of the UAO's
interest to the FDOT; and
WHEREAS, the ?OT ib.\w'Ij�ng to participate in the cost of locating, protecting,
adjusting or removing( the UA01 Is facilities if necessary to prevent conflict between the UAO's
facilities and they t`�apsportration facility;
NOW, THEREFORE,;.in consideration of the premises and the mutual covenants contained
herein, the F.GT-and\th))=_ UAO hereby agree as follows:
1. The U�VO'.here,�y subordinates to the interest of FDOT, its successors, or assigns, any
and ail, interes� the UAO has in the real property described as follows:
Part of Lot 8, Block B, Plaza Park Addition Subdivision as recorded in Plat Book 5, Page 53,
of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly
a part, lying in the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 29 South,
Range 15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the northeast corner of Block B of said Plaza Park Addition Subdivision; thence
South 00 016'32" West along the easterly line of said Block B, 263.85 feet to the POINT OF
BEGINNING; thence continue South 00 016132" West along the easterly line of said Block B,
26.22 feet; thence South 45 026'13" West, 7.05 feet to a point on the northerly right of way
line of State Road 590 as depicted on Florida Department of Transportation right of way
PARCEL 806.03 PAGE 1
PINELLAS COUNTY FL OFF. REC. BK 18100 PG 941
I
control survey for said State Road 590 (Financial Project Number 4271661, Section 15050) ;
thence North 89 025'41" West along said northerly right of way line, 11.48 feet; thence
North 2801011411 East, 35.22 feet to the easterly line of said Block B and the POINT OF
BEGINNING.
Containing 245 square feet, more or less. --_
The interest of the UAO being subordinated hereby includes, but is not necessai` ly lirdited
to, the interest created by the following document:
INSTRUMENT DATE FROM TO OR, Bk/Pg
EASEMENT 01/16/85 ANTHONY P. GRANESE CITY OF CLHi�W'ATER 5938/7B4
2. The UAO shall continue to have all rights undertthe UAO's real property interest
document identified above, except that the use of the reaj�`,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 U`.Ab's>iys'L—.o`f the real property interest
created by the document identified above in the; €ollowinq masfner:
a. The FDOT may require, for any present or\\fuhw're transportation facility project,
that any facilities of the UAO be lob4ted, protested, adjusted, or removed as the FDOT
determines is necessary (including tie timing bf any of such activities) to accommodate
the transportation facility prgject..'`The/VAO shall have the right to engage in
additional protective measures,'dur hq,the-transportation facility project beyond what
the FDOT determines is necOssary, \,p ovided that the cost of any such additional
protective measures shah \be,boriie by\the UAO.
b. The UAO shall,operate aid\ maintain the UAO's facilities located on the real
property in accordaned,with FDOT> standards as set forth in the FDOT's then current
Utility Accommodation 1Wai�ual.
C. Any plaoeinent of`,aew`facilities or adjustment, upgrading, removal, or relocation
of the UAgyp facilitieb;proposed by the UAO shall be subject to the prior approval of
the FDOT as,'pTo,,,�'ided- n and under the conditions of the FDOT's then current Utility
Accommo aticr,\Manual. Approval will be ranted through the issuance of a utility
�_ PP 5 g
permit. `--___--`
4. In the ever\t, the FDOT exercises it's rights under paragraph 3 hereof and the exercise
of those rigiit!s, creates costs over and above what the UAO would normally have incurred had
this stiiYordina6 on not been executed, the FDOT will bear the excess costs. Excess costs shall
include,`b-ut-got 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 806.03 PAGE 2
PINELLAS COUNTY FL OFF. REC. BK 18100 PG 942
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this II day
of �.I� 2013.
Signed, sealed and delivered in STATE OF FLORIDA DEPARTMENT OF TRANSPORT AATION
the resence of:
By:
Direct of Transportation Dqv pmeht�for
W NE F / v District VII >
P TNT NAME
i
I
RINT NAME DEBBIE HUNT-
ADDRESS: 11201 N,:,fiTal'coim,McKirLey Dr.
I ESS _ Tampa, Florid4', 33612
PRINT NAME .���
r
Legal Revi w
B y.
District Counsel
STATE OF FLORIDA
„
COUNTY OF HILLSBOROUGH
The foregoing <ins/r ment�,>was acknowledged before me this day of
SO! 2013, by�EB.8TE HUNT v, DIRECTOR OF TRANSPORTATION DEVELOPMENT for District
VII who ig'._;Persopally known to me or who has produced
,
> as identification.
WOMMUSS&M 1158M
ftdW1 pw*W 1 w PRINT NAME
Notary Public in and for the
Count y and State last aforesaid.
My Commission Expires:
Serial No. , if any:
-ri.w-niiV+�u.:ihwr.s+w�s i::i::'.•. —
PARCEL 806.03 PAGE 3
PINELLAS COUNTY FL OFF. REC. BK 18100 PG 943
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 thi'8"
day of 2013.
The City of CLEARWATER Florida,
ATTEST: By Its City Council
PRINT NAME s Y• *See attached sig"t-ur0,`1p,4
—
Clerk or Deputy Clerk) Its Chairperson (or Vice-�C4airper`� n) '�
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing- instrument was acknowledged before me this day of
/'2'013'1\\by ` Chairperson (or Vice-
Chairperson) of thef CLEARWATER Florida, City Council, who is personally known to me or
who has produced, l`, 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
PINELLAS COUNTY FL OFF. REC. BK 18100 PG 944
„
Countersigned: CITY OF CLEARWATER, FLORIDA
l `
Y:
George N. Cretekos VIMiam B. Horne 11 ---
Mayor City Manager
Approved as to form: Attest: OF 7#0 00,
C'i
Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk, ;