SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 106.03 (2)
This instrument prepared by,
or'under the direction of
RICHARD R. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 106.03
WPI/SEG 2568812
S.R. NO.: 55
COUNTY PINELLAS
SECTION : 15150-XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 03/16/06 By: MARGARET H. CARON
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.
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 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:
That portion of Lot 2, SEVER PARK, as recorded in Plat Book 90, Page 59 of the Public Records
of Pinellas County, Florida, lying in the Southeast 1/4 of the Southeast 1/4 of Section 18,
Township 29 South, Range 16 East, in the City of Clearwater, Pinellas County, Florida, being
described as follows:
Commence at the northwest corner of Lot 2, SEVER PARK, as recorded in Plat Book 90, Page 59
of the Public Records of Pinellas County, Florida; thence along the north line of said Lot 2,
S 89019'40" E, 232.23 feet to the POINT OF BEGINNING; thence continuing along said north
line, S 89019'40" E, 27.43 feet to the northeast corner of said Lot 2 and a point on the
existing west right of way line of State Road 55 (U.S. Highway 19) as per Florida Department
PARCEL 106.03
PAGE 1
of Transportation Section 15150-2512 Right of Way Map, said point also being on a non-tangent
curve concave to the west, having a radius of 755.94 feet; thence along said west right of
way, also being the east line of said Lot 2 and southerly along the arc of said curve 118.32
feet, through a central angle of 08058' 05", having a chord bearing and distance of
S 11034'49" W, 118.20 feet to a point of tangency; thence continuing along said west right of
way line and east line of said Lot 2, S 16003'51" W, 13.08 feet to a non-tangent curve
concave to the east, having a radius of 3831.72 feet; thence northerly along the arc of said
curve 41.03 feet, through a central angle of 00036'49", having a chord bearing and distance
of N 00014'45" W, 41.03 feet to a point of tangency; thence N 00003'39" E, 87.65 feet to the
POINT OF BEGINNING.
containing 2,019 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/Pq
ORDINANCE
06/30/89
JOHN F. SEVER,
PRESIDENT, SOUTH
GATE PARK, INC.
THE CITY OF
CLEARWATER
7037/1945
: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 DAO'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 106.03
PAGE 2
of
IN WITNESS WHEREOF, the FOOT has executed this agreement effective this
, 200
day
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WITNESS
PRINT NAME
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
WITNESS
PRINT NAME
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 200___, by SCOTT W. COLLISTER, DIRECTOR OF TRANSPORTATION DEVELOPMENT for
District VII , who is personally known to me or who has produced as
identification.
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 106.03
PAGE 3
IN WITNESS WHEREOF, the said party of the first part has signed and sealed
these presents the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
~~~.~~
W1lliam B. Horne, II, City Manager
STATE OF FLORIDA
ss
COUNTY OF PlNELLAS
BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor 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.
WITNESS my hand and official seal this o?/ day of ~
2006. ~G. ~
Notary Public - State of Florida
/t1n~ Z
Print/type name:
ann/
ss
9,n~
:'II~
---1'OF 1\.1:0"
(~7) 391!.{)153
DIANE E MANNI
MY COMMISSION II 00526033
EXPIRES: Mar. 6, 2010
FIOOda Notary Servica.com
STATE OF FLORIDA
COUNTY OF PlNELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, 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.
~
WITNESS my hand and official seal this ~~ day of
,
2006.
~G.~
Notary Public - ~ of Florida
Print/type name: I /ClI1e..- c!!.
H 4''1;') (
APpr~ed as t~;form: .
I,1t. (( ~L~,.. i~h,f;;JfY ,.;,!C,,-.
Laura Lipowski,VAssistant
/l~;C0
City Attorney
~~yp,,~
.,.1M,...
---A."'-If
"( 0,1\.1:0
(~7) 398-<l153
DIANE E MANNI
MY COMMISSION II 00526033
EXPIRES: Mar. 6, 2010
Florida NotaIy Service. com
PARCEL 106.03
PAGE 4
EXHIBIT "A"
THIS IS NOT A SURVEY!!
S.W. corner Lot 2 P.O.B.
S 89.19'40" E 232.23' S
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SEVER PARK 0)
Plat Book 90, Page .,--
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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Ii: 2006356162 BK: 15385 PG: 1472, 09/26/2006 at 11:59 AM, RECORDING 5 PAGES
$44.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK:
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This instrument prepared by,
ol' under the direction of '(
. t",
RICHARD R. VICKERS \, .:,j'
DISTRICT SEVEN GENERAL COUNSJilL,;;., "j
Department of Transportatiop ("', \ '
11201 N. Malcolm McKinley p~ive,!
Tampa, Florida 33612 /,/;~:".."
"~ }
PARCEL : 106.03
WPI/SEG 2568812
S.R. NO.: 5S
COUNTY : PINELLAS ". "_', -""
SECTION : 15150-XXX~\. .:./
MANAGING DISTRICTf~VEN
~\.... "".;'\..:
Leqal DescriptiO!1/~p~oved:
Date: 03/16/06 ( 8y.: fMARGARET H. CARON
.' . .~ .
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UTL.04
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SUBORDINATION OP CITY tnILITY IJlTBRBSTS
./"_ ",c
, "TillS AGREEMENT, entered into by and between the STATE OF FLORIDA DEPARTMENT OF
~l'ORTATIOlf, hereinafter called the FDOT, and the City of CLEARWATER, Florida, a
~~~Lpal corporation, a Utility Aqency Orqanization, hereinafter called the UAO.
.... "'~.:~.'
~"" .,'
WIT H B S S B T H:
WHEREAS, the UAO prese!1tly 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 willinq to participate in the cost of locatinq, protectinq,
adjustinq or removinq 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 UAO hereby subordinates to the interest of FOOT, its successors, or assiqns, any
and all interest the UAO has in the real property described as follows:
That portion of Lot 2, SEVER PARK, as recorded in Plat Book 90, Page S9 of the Public Records
of Pinellas County, Plorida, 1yinq in the Southeast 1/4 of the Southeast 1/4 of Section 18,
Township 29 South, Ranqe 16 East, in the City of Clearwater, Pinellas county, Florida, being
described as follows:
Commence at the northwest corner of Lot 2, SEVER PARK, as recorded in Plat Book 90, Page S9
of the Public Records of pinellas county, Florida; thence along the north line of said Lot 2,
S 89019'40" E, 232.23 feet to the POINT OF BEGINNING; thence continuing along said north
line, S 89019'40" E, 27.43 feet to the northeast corner of said Lot 2 and a point on the
existing west right of way line of State Road 55 (U.s. Highway 19) as per Florida Department
PARCEL 106.03
PAGE 1
PlNELLAS COUNTY FL OFF. REC. BK 15385 PG 1473
~
.'
of Transportation Section l5lSQi2512 Right of Way Map, said point also being on a non-tangent
curve concave to the west, havi~a radius of 755.94 feet, thence along said west right of
way, also being the east li(u('Cl!C;said Lot 2 and southerly along the arc of said curve 118.32
feet, through a central ..an.g'le/ of 08058' 05" , having a chord bearing and distance of
S IP34'49" W, 118.20 fee,t/1to::;,irJpoint of tangency; thence continuing along said west right of
way line and east lined,f'\':ll~d Lot 2, S 16003'51" W, 13.08 feet to a non-tangent curve
concave to the east, havinga' radius of 3831.72 feet; thence northerly along the arc of said
curve 41.03 feet, thro~gh,a central angle of 00036'49", having a chord bearing and distance
of N 00014'45" W, 41:Qi,te,et to a point of tangency; thence N 00003'39" E, 87.65 feet to the
POINT OF BEGINNING. "'" '" . .
\. ::~~ ,..~../
containing 2,019 ~~~~, feet, more or less.
/' ,.'.; -' ',. ...../
The interest oi~t~/UAO being subordinated hereby includes, but is not necessarily limited
to, the inte,f~..b~:':.ct'eated by the following document:
./ / "'.;. .~.~ ..
DATE
FROM
TO
OR Bk P
06/30/89
JOHN F. SEVER,
PRESIDENT, SOUTH
GATE PARR, INC.
THE CITY OF
CLEARWATER
7037/1945
; ~~. '.:,.
.,< '"
:' "''>,~.'''''''-
~~:.,,"\the UAO Iilhall continue to have all rights under the UAO' s real property interest
~~~nt identified above, except that ~he 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 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 FOOT 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 FOOT 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 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 lLmited 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 purliluant to subparagraph 3.a. hereof. The specific arrangement for FOOT
bearing the excess costs shall be by separate agreement.
PARCEL 106.03
PAGE 2
PINELLAS COUNTY FL OFF. REC. BK 15385 PG 1474
of
,.
'.
IN ~J'NESI~ .~REOF, the.""~" has
~Dt= (,(29qy-.
...'".,..-'.... .f
/ i \/')
executed this agreement effective this
2S~
day
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Dir ct
District
Development for
/ ;- ,.
~I~~
PRINT NAMS
ADDRESS:
SCOTT W. COLLISTER. P.E. CPCM
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
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Legd,,~view
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ati"'>:,"
("'<> ;District counsel
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STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
J1--
for,going instrument was acknowledged before me this ~~ day of
200~, by SCOTT W. COLLISTER, DIRECTOR OF TRANSPORTATION DEVELOPMENT for
who is personally known to me .~ 1,1.~ I..... J:'..::~d.......d ....
DEANNA L. ALDENIAN
MY COMMt88lOH .DO_
EllPtAU: J\iv 17!~JL_
1lOIIdIll1llll-V"-
~~c1.~
-
PRINT NAMS DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My commission Expires:
Serial No., if any:
PARCEL 106.03
PAGE 3
PINELLAS COUNTY FL OFF. REC. BK 15385 PG 1475
,
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XN ~TNBSS WHBRBOP,\~b. 1said party of the first part bas signed and .ealed
th... pr..ents the day IUicl/y'eai f:l.rst above written.
. ,.! .....
Countersigned I
'( "-'"
OP CLBAllWATD, PLOIlXDA
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'.. " ,..,:~..;> }
""ATE or ..~
COUH'l'Y 0"'" PZN:ll:IoLAS
ss
.....:....,... ">
/..ou lIB, the undersigned, personal y appeared Prank V. Hibbard, the Dyer of
the i..C:lty/ of Clearwater, plorida, who exeauted the foregoing instrument and
acJtho\;,.:tedQed the execution thereof to be his free act and deed for the use and
~~9!e. herein set forth, and who i. personally kDown to me.
/..~:"::,::~,'-~:kI'l'NBSS my hand and official seal this ~ day of ~
,.2~~~. "it . .-c:: Y'YJ .
~CD.~
Notary Public - State of Plorida
ttnL Z
print/type name:
s.
~~
'+"f\.~
(.07) -.0153
DIANE E MANNI
MY COMMISSION. DD51li033
EXPIRES: u.,. 6, 2010
RcI1do IIaIoIy _....
STATZ OF PI.OIlXDA
COUH'l'Y OP PINBIoI.AS
BZPOU JIB, the undersigned, personally appeared william B. Borne, IX, City
KaDager of the City of Clearwater, Florida, who executed the foregoing instrument
and ackDowledged the execution thereof to be hi. free act and deed for the use and
purpo.es herein set forth, and who i. per.ona11y known to me.
WXTRBSS my hand and official .ea1 this ~ day of ~
2006.
~~L- 'G. ~
Notary Public - ~ of Florida
Print/type name: I 14nt!:- L.
M 4"" I
~~ 1'/3ja,
Laura Lipowski, Assistant City Attorney
2
'+",,,",
l407) _53
DIANE EMANNI
MY COMMISSION # D~
EXPIRES: Mar. 6, 2010
---,---.....
PAGE 4.
PARCBI. 106.03
PINELLAS COUNTY FL OFF. REC. BK 15385 PG 1476
. .
" "'::- ~ I
EX H'IB,",r "A"
, ,_, fl.
THIS IS"NOT A SURVEY!!
(, 'i." \ ~
:. "._,..:,'
Lot 2
S 89'19'40" E
232.23'
LOT 2
SEVER PARK
Plat Book 90,
Page 59
.. CITY OF CLKARlrATER, FWRlDA
.... · PUBLIC WORKS ADMINISTRATION
ENGINEERING
P.O.B.
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