SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 801.02
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~his 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
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200527032307/12/2005 at 03:42 PM
OFF REC BK: 14445 PG: 2606-2610
DocType:AGM RECORDING: $44.00
PARCEL 801.02
WPI/SEG 4149981
S . R . NO.: 55
COUNTY PINELLAS
SECTION : N/A
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 B:
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 3, CLEARWATER MALL, as recorded in Plat Book 125,
Pages 21 through 29 of the Public Records of Pinellas 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 801. 02
PAGE 1
-,
. -
Section 15150-2512; thence S 89002'30" E, along the South line of Lot 3 of said CLEARWATER
MALL, a distance of 10.35 feet to the Southeast corner of a parcel of land donated to the
Florida Department of Transportation and recorded in Official Records Book 12861, Page 1951
of the Public Records of Pinellas County, Florida, said point - also being the POINT OF
BEGINNING; thence N 01002'15" E, along the East line of said donated parcel, a distance of
137.98 feet to a point on the Northerly boundary of said Lot 3 and the aforementioned East
right of way line of U.S. 19 (State Road 55); thence N 45024'27" E along the Northerly
boundary of said Lot 3 and said East right of way line, a distance of 5.72 feet; thence
S 01002'15" W, along a line lying 4.00 feet East of and parallel with the aforementioned East
line of said donated parcel, a distance of 142.06 feet to a point on the South line of said
Lot 3; thence N 89002'30" W, along the South line of said Lot 3, a distance of 4.00 feet to
the POINT OF BEGINNING.
Containing 560 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 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 FOOT 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 FOOT=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 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 limited to, damage to the UAO's facilities resulting from
PARCEL 801.02
PAGE 2
". ..'
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failure of FOOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FOOT
bearing the excess costs shall be by separate agreement.
of
IN WITNESS WHEREOF, the FOOT has executed this agreement effective this
'5\r1\L- 200l.
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day
Signed, sealed and delivered in
4Z:::0f' ~
WITNESS /~ --r::
P"Z N>J<E ,t..1SP"'$ G. J: /'7
. CuI- ~
1l1TNESS S - ft ~
PRINT NAME US4.vl I I .
OF TRANSPORTATION
Development for
PRINT NAME
ADDRESS:
DONALD J. SKELTON. PE
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
Legal Review
District Counsel
~
By:
STATE OF FLORIDA
!).~
COUNTY OF HILLS BOROUGH
was acknowledged before me this 7 ~ day
SKELTON, DIRECTOR OF TRANSPORTATION DEVELOPMENT
to me GJl' ".Tho l.as l'reQuged
of
for
as-
~ fore9~nq i
, 200~, by
~istr' c V , who ~s perso
1.de. .
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11~'r~f,,~'"
DEANNA L AI.J)EflMAN
MV COMMISSION # DO 104132
EXPIRES: July 17 ~1WIlIen
Bonded Thill NolIIrY NJIic
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and state last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 801. 02
PAGE 3
,
"I. "
.,
IN WITNESS WHEREOF, the UAO has caused these presents to be
its City Manager, countersigned by it~ayor, attested br its City
seal hereto affixed, effective this Y'~ day of ~
executed in its name by
Clerk, and its official
, 2004.
count.rSi~~ ~~ .
Brian J.
C TY OF CLEARWATER, FLORIDA
By:
William B. Horne, II, City Manager
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
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
0+1-
D day of
nt~
, 2004.
c r/. ~
Notary pub~tate of Florida
Print/type name:
'~~I~f~ Carolyn L Brink
f*:' ':*~ MY COMMISSION # 00203569 EXPIRES
~'" . .',If May 22, 2007
.'t.9f:,i~'<t-.. SONDED THRU TROY FAIN INSURANC~ INC
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 ~~day of ~ , 2004.
~ct.~
Notary Public - State of Florida
Print/type name:
Appr~'as to form:
L:JP--!
Laura ~ipowski, Assistant City Attorney
I
I
I
PARCEL 801. 02
..~rI:fr.... Carolyn L Brink
!irlr:.~~ MYCQMMISS\ON # 0D203569 EXJlIIlES
~.J~~i . May 22, 2007
't;?!'Q; ..iJ IlONOED lHllU TROY FAIH INSUIlANCf.INC
......fo'
PAGE 4
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SE:cTioN 17, TOWNSH I P 29 ~. .JTH, RANGE 16 EAST
PINELLAS COUNTY, FLORIDA
\his sketch is NOT a survey.
SOUTH R/W LINE OF
GULF TO BAY BLVD (S.R. 601
PER FOOT SEC 15150-2512 8
FOOT SEC 15040-(2517)2522
R/W WIDTH VARIES
R/W DONATiON TO FOOT AS
RECORDED IN O.R. 12861. PAGE 1952
PINELLAS COUNTY. FLORIDA
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EAST LINE OF
DONATED PARCEL
PARCEL NO.
801.02
SIDEWALK EASEMENT
LOT 3
560.0B SF:
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SE COR OF
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PARCEL
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SOUTH LINE
OF LOT 3
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EAST R/W LINE OF U.S. :9 (S.R. 551____
PER FOOT MAP SEe :5150-2512 8 ~
WEST LINE OF LOT 3
R/W WIDTH VARIES
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poe
NW COR LOT 4
N 89002'30~ W
4.00'
LOT 4
LEGEND
BLVD BOULEVARD
COR CORNER
FOOT FLORIDA DEPARTMENT
OF TRANSPORTATION
a.R. OFFICAL RECORDS BOOK
(PI PLAT DATA
P.B. PLAT BOOK
PGS. PAGES
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
R/W RIGHT-OF-WAY
SEC SECTION
SF SOUARE FEET
S.R. STATE ROAD
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SURVEYOR'S CERTIFICATION
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 STANDARDS FOR SURVEYING
PURSUANT TO SECTION 472.027. FLORIDA STATUTES
AND 'CHAPTER 6IGj7~6. FLORIDA ADMINISTRATIVE
CODE.
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PROFESSIONAL LAND SURVEYOR 04993
PBS8J ' La 24
5300 w. CYPRESS ST. SUITE 300
TAMPA. "flORIDA 33607
(8131 282-7:n5' .
FLORiO"A DEPAFH~ENJ OF
STATE ROAD NO. N/A
ijtl'JJO+
DATE .
SEE SHEET 2 FOR GENERAL NOTES
a LEGAL DESCRIPTION.
SKETCH a DESCRIPTION
W.P,I. NO. N/A
SECTI ON N/A
TRANSPORTATION
P INELLAS COUNTY
FIELD BOOK NO.
N/A
SCALE: 1".40'
SHEET 1 OF 2