SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 802.02
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This instrument prepared by-,
or under the direction of
RICHARDR. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200527032207/1212005 at 03:42 PM
OFF REC BK: 14445 PG: 2601-2605
DocType:AGM RECORDING: $44.00
PARCEL 802.02
WPIISEG 4149981
S.R. NO.: 55
COUNTY PINELLAS
SECTION : NIA
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 06/11/04 By: FRED W. EDWARDS
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 H E SSE T Hz
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 FOOT; and
WHEREAS, the FOOT 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 4, CLEARWATER MALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of Pine1las County, Florida, lying within the
Southwest 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida,
being more particularly described as follows:
COMMENCE at the Northwest corner of Lot 4, CLEARWATER MALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of Pinellas County, Florida, lying on the East
right of way line of u.S. 19 (State Road 55) per Florida Department of Transportation Map,
PARCEL 802.02
PAGE 1
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Section 15150-2512; thence S 89002'30" E, along the North line of said Lot 4, a distance of
10.35 feet to a point being the Northeast corner of a parcel of land donated to the Florida
Department of Transportation and recorded in Official Records Book 12861, Page 1960 of the
Public Records of Pinellas County, Florida, said point also being the POINT OF BEGINNING;
thence continue S 89002'30" E, along the North line of said Lot 4, a distance of 4.00 feet;
thence 5 01002'15" W, along a line lying 4.00 feet East of and parallel with the East line of
the aforementioned donated parcel, a distance of 267.50 feet; thence N' 89002'30" W, a
distance of 4.00 feet to the Southeast corner of said donated parcel; thence N 01002'15" E,
along the East line of said donated parcel, said line being 10.35 feet East of and parallel
with the aforementioned East right of way line of U.5. 19 (State Road 55) and the West line
of said Lot 4, a distance of 267.50 feet to the POINT OF BEGINNING.
Containing 1,070 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
OATE
FROM
TO
OR Bk P
EASEMENT
11/28/89
TRIZEC PROPERTIES,
INC.
CITY OF CLEARWATER
7172/1500
EASEMENT
06/11/02
NEW PLAN EXCEL REALTY
TRUST, INC.
CITY OF CLEARWATER
PB 125/21
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 FOOT 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 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 FOOT'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 FOOT 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
PARCEL 802.02
PAGE 2
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protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FDOT
bearing the excess costs shall be by separate agreement.
of
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this
~~ , 200 S .
1~
day
Signed, sealed and delivered in
the presence Of~
~~.,~#j
WITNESS P'/ ~
~;: .L'J>>"S G.J ~y
1ITNESS 5: ~ Mu
PRINT NAME ~ ~ r( ro
TRANSPORTATION
PRINT NAME
ADDRESS:
DONALD J. SKELTON. PE
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
I:oegal Review
District Counsel
J-
~
By:
The
~' ~
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I
was acknowledged before me this 7 ~ day
. SKELTON, DIRECTOR OF TRANSPORTATION DEVELOPMENT
to me Or "..H8 haD 'lrlO'd1..1",eQ
of
for
cnr-
~~.
DEANNAL~
MY COMMISSION t 00104132
EXPIRES: JWy 17, 2Oll6
Bonc>>d 1llrtJ NOtary f'Idc lJndeIWrIter&
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 802.02
PAGE 3
,
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IN WITNESS WHEREOF, the UAO
its City Manager, countersigned by
seal hereto affixed, effective this
has caused these presents to be
its ~ayor, attested by its City
f./ day of fIl'l'l
executed in its name by
Clerk, and its official
, 2004.
CITY OF CLEARWATER, FLORIDA
t4.tlJ;. -</-.., 15- ~ 11:
William B. Horne, II, City Manager
Brian J.
By:
ATTEST:
STATE OF FLORIDA
ss
COUNTY OF PlNELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, 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 ~ day of
~
, 2004.
Notary p~at~~~
Print/type name:
...~!/~ Carolyn L Brink
[:'1"'-;& l'fl A MY COMMISSION # DD203569 EXPIRES
~'?i'~ '''! Mey 22, 2007
4 ~;f ;;,~ BONDED THI!U TROY FAIN INSURANCE.INC
'.'IIUIl
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
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
Notary Puh~tfi:~ ~
'+t.
L day of
Y\;rv
, 2004.
Print/type name:
CD
! Carolyn L Brink
: . I MYCOMMlSSION# 00203569 EXPIRES
~ 22, 2007
, DONOto THlIO TIlOYFAIH INSURANCE. INC.
Laura
City Attorney
PARCEL 802.02
PAGE 4
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S~CTI ON' 17, TOWNSHIP 29 S ...;TH, RANGE 16 EAST
I. . PINELLAS COUNTY,"FLORIDA
'7his sketch is NOT 0 survey.
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NW COR LOT -'I
S 89"02'30- E
10.35'
LOT 3
" = 40'
POS
NE COR OF
DONATED PARCEL
NORTH LINE OF LOT 4
89002'30- E N 89003'26- WIPI
4.00'
4.00'
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EAST LINE OF
DONA TED PARCEL
R/W DONATION TO FOOT AS
RECORDED IN O.R. 1286/. PAGE 1960
PINELLAS COUNTY. FLORIDA
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LOT 4
EAST R/W LINE OF U,S. 19 IS,R. 551
PER FOOT MAP SEC 15150-2512 8
WEST LINE OF LOT 4
R/W WIDTH VARIES
PARCEL NO.
802.02
SIDEWALK EASEMENT
LOT 4
1070.00 SF!
O.R.
e P)
P. B.
PGS.
POB
POC
R/W
SEC
SF
S.R.
LEGEND
BLVD BOULEVARD
COR CORNER
FDOT FLORIDA DEPARTMENT
OF TRANSPORTATION
OFFICAL RECORDS BOOK
PLAT DATA
PLAT BOOK
PAGES
POINT OF BEGINNING
POINT OF COMMENCEMENT
RIGHT-Of-WAY
SECTION
SOUARE FEE T
STATE ROAD
SURVEYOR'S CERTIFICATION
SE COR Of
DONATED PARCEL
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH
AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF OUR KNOWLEDGE AND BELIEF AS
RECENTLY PREPARED UNDER OUR DIRECTION AND
THAT THIS SKETCH MEETS, THE INTENT OF THE
MINIMUM TECHNICAL STANDARQS FOR SURvEYING
PURSUANT TO SECTION 472.027. FLORIDA STATUTES
AND CHAPTER 6IGI7-6. F.LORIDA.ADMINISTRATlV[
CODE. .') .
lA)-J- H: J.i% '/11/oi
~A~~J~~I~NArUt~~~t'\URVEY R .4993 DATE
PBS8J LB"24 ., -, \
5300 W. CYPRESS ST. SUITE 300
TAMPA. FLORIDA, 33607
18131 282-7275
FLORIDA DEPARTMENT OF
STATE ROAD NO. N/A
N 89002'30- W
4.00'
SEE SHEET 2 FOR GENERAL NOTES
8 LEGAL DESCRIPTION.
SKETCH a DESCRIPTION
W.P. I. NO. N/A
SECTION NIA
TRANSPORTATION
PI NELLAS COUNTY
FIELD BOOK NO.
N/A
SCALE: 1".40'
SHEET / OF 2