92-63v j
RESOLUTION NO. 92 -63
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF SIX SUBORDINATION OF
UTILITY INTERESTS AGREEMENTS WITH THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, REGARDING PORTIONS OF
CERTAIN EASEMENTS LOCATED ADJACENT TO STATE ROAD 580
BETWEEN COUNTRYSIDE BOULEVARD AND LANDMARK DRIVE OWNED
BY THE CITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation (herein the
"DOT "), proposes to construct or improve State Road No. 580, Section No. 15070-
2524, in Pinellas County, Florida; and
WHEREAS, it is necessary that a portion of six certain easements rights now
owned by the City of Clearwater, Florida, be subordinated to the DOT; and
WHEREAS, Section 2.01(d)(4) of the City Charter authorizes the conveyance
of surplus City property to another governmental entity without referendum
approval, without competitive bidding, and for less than the appraised value; and
WHEREAS, the DOT has applied to the City for a subordination by the City
to the DOT of all rights, title and interest that the City has in the six
easements subject to the rights reserved to the City as described in the
agreements, and the application has been duly considered by the City Commission;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The application of the DOT is for the subordination of six
City -owned easements which are hereby declared surplus within the meaning of the
City Charter, subject to the reservation of rights by the City as set forth in
l the subordination of utility interests agreements, and the applications are found
and declared to be for a valid public purpose. Therefore, the appropriate City
officials are authorized to execute the subordination of utility interests
agreements to the DOT, copies of which are attached hereto as Exhibit A, B, C,
D, E and F, conveying the rights, title and interest of the City in and to the
real property described therein, in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration including, but not limited to,
the benefits to be obtained from the highway improvements.
Section 2. The agreements authorized to be executed upon the adoption of
this resolution are summarized as follows:
DOT Recorded at
Exhibit Parcel No. City's Interest Book Page
A 101.04 Utility and drainage easement 072 020
B 102.11 Utility and drainage easement 072 020
C 104.03 Utility and drainage easement 072 020
0 106.03 Utility and drainage easement 072 020
E 108.02 Utility and drainage easement 072 020
F 112.06 Utility and drainage easement 072 020
,24_3
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th day of November, 1992.
Attest.
Cynt is E. Goudeau, City Clerk ita Garvey, Mayor- Commissi er
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4--� 43
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This instrument prepare by, or
under the direction o
Kenneth G. 4V(6;np
Assistant Generl Tf
Department o ransp rtation
1120L N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 101.04
SECTION 15070 -2524
S.R. NO.: 580
COUNTY : PINELLAS
Legal Description Approved:
Date: September 10, 1992 By: Brent J. Davis
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of , 199_,_, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
Department, and CITY OF CLEARWATER , hereinafter called City.
W I T N E S S E T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the Department; and
WHEREAS, the Department is willing to pay to have the City's facilities
relocated if necessary to prevent conflict between the facilities so that the
benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, City and Department agree as follows:
City subordinates any and all of its interest- in the lands as follows, viz:
That part of Lot 6, Wildwood of Countryside in Section 29, Township 28 South, Range
16 East as recorded in Plat Book 72, Page 20 of the Public Records of Pinellas
County, Florida.
Being described as follows:
Commence at a 4" x 4" concrete monument marking the Northwest corner of the plat of
Wildwood of Countryside; thence South 11 002'00" West along the Westerly boundary of
said Wildwood of Countryside, a distance of 569.35 feet to the POINT OF BEGINNING,
said point of beginning also being a point on the Westerly line of Lot 6, Wildwood
of Countryside; thence run North 89 029'32" East, a distance of 150.21 feet to a
point on the Easterly line of said Lot 6; thence South 19013'41" West along the
Easterly line of said Lot 6, a distance of 15.00 feet to the Southeast corner of
said Lot 6; thence South 89 °39156" West along the Southerly line of said Lot 6, a
distance of 90.94 feet, to the Southeast corner of a Florida Department of
Transportation right of way, described in Official Records Book 5548, Page 758 of
the Public Records of Pinellas County, Florida; thence along said Florida Department
of Transportation right of way the following two courses; North 00 120109" West, a
distance of 13.04 feet, South 89039116" West, a distance of 54.37 feet to a point on
the Westerly line of said Lot 6; thence North 11 °02'00" East along the Westerly line
of said Lot 6, a distance of 0.66 feet to the POINT OF BEGINNING.
Less existing rights of way.
PARCEL 101.04
EXHIBIT A
PAGE 1
This instrument prepared by, or
Under the direction of
Kenneth G. WkV
As tt�nt eawrai y��
Depar men o %arrsportation
Containing 1,346 square feet, more or less.
v
to the interest of the Department, its successors, or assigns, for the purpose of
construction, improving, maintaining and operating a road over, through, upon and /or
across the lands, including but not limited to the claim of interest based on the
following:
RECORDED
NATURE OF
DATE
FROM
TO
Plat
ENCUMBRANCE
BOOK /PAGE
UTILITY &
05/07/74
U.S. HOMES OF
CITY OF CLEARWATER
72/20
DRAINAGE
FLORIDA
EASEMENT
PROVIDED that the following rights are reserved to the City:
1. The City shall have the right to construct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities on, within, and upon
the lands described.herein in accordance with the Department's current
minimum standards for such facilities as required by the State of
Florida, Department of Transportation, Utility Accommodation Guide,
dated May, 1990. Any new construction or relocation of facilities
within the lands will be subject to prior approval by the Department.
Should the Department fail to approve any new construction or relocation
of facilities by the City or require the City to alter, adjust, or
relocate its facilities located within said lands, the Department hereby
agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate
easements.
2. The City shall have a reasonable right to enter upon the lands described
herein for the purposes outlined in Paragraph 1 above, including the
right to trim such trees, brush: and growth which might endanger or
interfere with such facilities, provided that such rights do not
interfere with the operation and safety of the Department's facilities.
PARCEL 101.04
PALL 2
This instrument prepared by, or
Under the direction of
Ksnnoth G. Wkq
o
Assistant Gener �A11�f1A�
Department o raps ortation
3. The City agrees to repair any damage to Department facilities and to
indemnify the Department against any loss or damage resulting from the
City exercising its rights outlined in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the Department hereto has executed this agreement on the
day and year first above written.
Signed, sealed and delivered in the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
presence of:
By:
Director of Production for District VII
WITNESS
PRINT NAME ADDRESS
WITNESS
PRINT N
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
199_ , by , DIRECTOR OF
PRODUCTION for1District VII , who is personally known to me or who has produced _
as identification, and who did (did not) take an oath.
PRINT NAME
R
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 101.04
PAVE' 3
This instrument prepared by, or
UnderK nnethdj,rggt . of
A; slstant General C(kaini
Department of Transportation
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed
in its name by its Chairperson of saidBBoard,fthetday Commissioners acting by the Chairperson or Vice-
Chairperson
:—
PRINT NAME
Clerk (or Deputy Clerk)
STATE OF FLORIDA
COUNTY OF
, Florida,
By Its City Council
By:
Its Chairperson
(or Vice- Chairperson)
PRINT NAME
ADDRESS
The foregoing instrument was acknowledged before me this Chairperson (or
199_, by Florida, City Council, who is
Vice Chairperson) of the produced as
personally known to me or who has
identification, and who did (did not) take an oath.
PARCEL 101.04
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PAGE 4
rN
This instrument prepared by, or
under the direction
Kenneth G. Wing
Assistant General Counsel
Department of Transp rtation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 102.11
SECTION 15070 -2524
S,R. NO.: 580
COUNTY : PINELLAS
Legal Description Approved: �n
Date: September 10, 1992 By: Brent J. Davis Y
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of , 199_, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
Department, and CITY OF CLEARWATER , hereinafter called City.
W I T N E S S E T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the Department; and
WHEREAS, the Department is willing to pay to have the City's facilities
relocated if necessary to prevent conflict between the facilities so that the
benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, City and Department agree as follows:
City subordinates any and all of its interest in the lands as follows, viz:
That part of Lot 7, Wildwood of Countryside in Section 29, Township 28 South, Range
16 East as recorded in Plat Book 72, Page 20 of the Public Records of Pinellas
County, Florida.
Being described as follows:
Commence at a 4 11x4" concrete monument marking the Northwest corner of the plat of
Wildwood of Countryside, as recorded in Plat Book 72, Page 20 of the public records
of Pinellas County, Florida; thence South 11 102'00" West along the Westerly boundary
of said Wildwood of Countryside, a distance of 583.30 feet to the Southwest corner
of said Wildwood of Countryside, said point also being the Southwest corner of a
Florida Department of Transportation right of way as described in Official Records
Book 5548, Page 758 of the Public Records of Pinellas County, Florida; thence North
89 139'5611 East along the South line of said Wildwood of Countryside and the South
line of said Florida Department of Transportation right of way, a distance of 56.99
feet to a point on the existing Northerly right of way line of State Road 580;
thence continue North 89 139'56" East along the South line of said Wildwood of
Countryside and the Northerly right of way line of State Road 580, a distance of
90.94 feet to the POINT OF BEGINNING, said point of beginning also being the
Southwest corner of Lot 7, of said Wildwood of Countryside; thence run North
19 °13'41" East along the Westerly line of said Lot 7, a distance of 15.00 feet;
thence North 89 029132" East, a distance of 158,02 feet to a point on the Easterly
line of said Lot 7; thence South 35 013157" East along the Easterly line of said Lot
PARCEL 102.11 PAGE 1
EXHIBIT B
.-�
This instrument prepared by, or
Under the direction of
Kenneth G. WkQ
Assistant General G
Department of Transportation
7, a distance of 17.81 feet to the Southeast corner of said Lot 7 and a point on the
Northerly right of way line of State Road 580; thence South 89 039156" West along the
South line of said Lot 7, and said Northerly right of way line, a distance of 173.23
feet to the POINT OF BECTNNING.
Less existing rights of way.
to the interest of the Department, its successors, or assigns, for the purpose of
construction, improving, maintaining and operating a road over, through, upon and /or
across the lands, including but not limited to the claim of interest based on the
following:
RECORDED
NATURE OF
DATE
FROM
TO
Plat
ENCUMBRANCE
BOOK /PAGE
UTILITY &
05/07/74
U.S. HOMES OF
CITY OF CLEARWATER
72/20
DRAINAGE
FLORIDA
EASEMENT
PROVIDED that the following rights are reserved to the City:
1. The City shall have the right to construct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities on, within, and upon
the lands described herein in accordance with the Department's current
minimum standards for such facilities as required by the State of
Florida, Department of Transportation, Utility Accommodation Guide,
dated May, 1990. Any new construction or relocation of facilities
within the lands will be subject to prior approval by the Department.
Should the Department fail to approve any new construction or relocation
of facilities by the City or require the City to alter, adjust, or
relocate its facilities located within said lands, the Department hereby
agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate
easements.
2. The City shall have a reasonable right to enter upon the lands described
herein for the purposes outlined in Paragraph 1 above, including the
right to trim such trees, brush, and growth which might endanger or
interfere with such facilities, provided that such rights do not
interfere with the operation and safety of the Department's facilities.
PARCEL 102.11
Aft
This instrument prepared by, or
Under the direction of
Kenneth G. V&V
Assistant Cenral t.,scmol
Department of Transportation
11
3. The City agrees to repair any damage to Department facilities and to
indemnify the Department against any loss or damage resulting from the
City exercising its rights outlined in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the Department hereto has executed this agreement on the
day and year first above written.
Signed, sealed and delivered in the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
presence of:
By:
Director of Production for District VII
WITNESS ADDRESS
PRINT NAME
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this DIRECTOR OF
199_ , by _
PRODUCTION C_ TION for District VII , who is personally known to me or who has produced
as identification, and who did (did not) take an oath.
�. PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PAUL i
PA.3'rEL 102.11
I
This instrument prepared by, or
Under the direction of
Kenneth G. V
Assistant General Ccje W
Department of Transportation
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed
in its name by its Board of City Commissioners acting by the Chairperson or Vice -
Chairperson of said Board, the day and year aforesaid.
ATTEST Florida,
By Its City Council
PRINT NAME
Clerk (or Deputy Clerk)
By:
Its Chairperson
(or Vice - Chairperson)
PRINT NAME
ADDRES
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
199_, by , Chairperson (or
Vice - Chairperson) of the Florida, City Council, who is
personally known to me or who has produced as
identification, and who did (did not) take an oath.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 102.11 E'AFF L 4
This instrument prepared by, or
under the direction ^ /
Kenneth G. Wing IV'11Vn„/
Assistant General Counsel
Department of Transpo at ion
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL : 104.03
SECTION : 15070 -2524
S.R. NO.: 580
COUNTY : PINELLAS
Legal Description Approved
Date:^ �� By:
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of , 199_, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
Department, and CITY OF CLEARWATER , hereinafter called City.
W I T N E S S E T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the Department; and
WHEREAS, the Department is willing to pay to have the City's facilities
relocated if necessary to prevent conflict between the facilities so that the
benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, City and Department agree as follows:
City subordinates any and all of its interest in the lands as follows, viz:
That part of lot 15, Wildwood of Countryside in Section 29, Township 28 South, Range
16 East as recorded in Plat Book 72, Page 20 of the Public Records of Pinellas
County, Florida.
Being described as follows:
Commence at a 4 "x4" concrete monument marking the Northwest corner of the plat of
Wildwood of Countryside, as recorded in Plat Book 72, Page 20 of the Public Records
of Pinellas County, Florida; thence South 11 °02'00" West along the Westerly boundary
of said Wildwood of Countryside, a distance of 583.30 feet to the Southwest corner
of said Wildwood of Countryside, said point also being the Southwest corner of a
Florida Department of Transportation right of way as described in Official Records
Book 5548, Page 758 of the Public Records of Pinellas County, Florida; thence North
89 039,56" East along the South line of said Wildwood of Countryside and the South
line of said Florida Department of Transportation right of way, a distance of 56.99
feet to a point on the existing Northerly right of way line of State Road 580;
thence continue North 89 039156" East along the South line of said Wildwood of
Countryside and the Northerly right of way line of State road 580, a distance of
320.51 feet to the POINT OF BEGINNING, said point of beginning also being the
southwest corner of Lot 15 of said Wildwood of Countryside; thence run North
03 001,46" East, along the westerly line of said Lot 15, a distance of 14.84 feet;
PARCEL 104.03 PAGE 1
t
r
r,
THIS AGREEMENT, entered into this day of , 199_, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
Department, and CITY OF CLEARWATER , hereinafter called City.
W I T N E S S E T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the Department; and
WHEREAS, the Department is willing to pay to have the City's facilities
relocated if necessary to prevent conflict between the facilities so that the
benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, City and Department agree as follows:
City subordinates any and all of its interest in the lands as follows, viz:
That part of lot 15, Wildwood of Countryside in Section 29, Township 28 South, Range
16 East as recorded in Plat Book 72, Page 20 of the Public Records of Pinellas
County, Florida.
Being described as follows:
Commence at a 4 "x4" concrete monument marking the Northwest corner of the plat of
Wildwood of Countryside, as recorded in Plat Book 72, Page 20 of the Public Records
of Pinellas County, Florida; thence South 11 °02'00" West along the Westerly boundary
of said Wildwood of Countryside, a distance of 583.30 feet to the Southwest corner
of said Wildwood of Countryside, said point also being the Southwest corner of a
Florida Department of Transportation right of way as described in Official Records
Book 5548, Page 758 of the Public Records of Pinellas County, Florida; thence North
89 039,56" East along the South line of said Wildwood of Countryside and the South
line of said Florida Department of Transportation right of way, a distance of 56.99
feet to a point on the existing Northerly right of way line of State Road 580;
thence continue North 89 039156" East along the South line of said Wildwood of
Countryside and the Northerly right of way line of State road 580, a distance of
320.51 feet to the POINT OF BEGINNING, said point of beginning also being the
southwest corner of Lot 15 of said Wildwood of Countryside; thence run North
03 001,46" East, along the westerly line of said Lot 15, a distance of 14.84 feet;
PARCEL 104.03 PAGE 1
This instrument prepared by, or
Under the direction of
Kenneth G. Wing
Assistant General Counsel
Department of Transportation
thence North 89 °29'32" East, a distance of 78.86 feet to a point on the Easterly
line of said Lot 15; thence South 30 °37'33" West along the Easterly line o£ said Lot
15, a distance of 17.55 feet to the Southeast corner of said Lot 15, and a point on
the Northerly right of way line of State Road 580; thence South 89 039'56" West along
the South line of said Lot 15 and said Northerly right of way line, a distance of
70.70 feet to the POINT OF BEGINNING.
Less existing rights of way.
Containing 1116 square feet, more or lees.
to the interest of the Department, its successors, or assigns, for the purpose of
construction, improving, maintaining and operating a road over, through, upon and /or
across the lands, including but not limited to the claim of interest based on the
following:
RECORDED
NATURE OF DATE FROM
ENCUMBRANCE TO Plat
HOOK PAGE
UTILITY & 05/07/74 U.S. HOMES OF
DRAINAGE CITY OF CLEARWATER 72/20
EASEMENT FLORIDA
PROVIDED that the following rights are reserved to the City:
1• The City shall have the right to construct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities on, within, and upon
the lands described herein in accordance with the Department's current
minimum standards for such facilities as required by the State of
Florida, Department of Transportation, Utility Accommodation Guide,
dated May, 1990. Any new construction or relocation of facilities
within the lands will be subject to prior approval by the Department.
Should the Department fail to approve any nea construction or relocation
of facilities by the City or require the City to alter, adjust, or
relocate its facilities located within said lands, the Department hereby
agrees to pay the cost of such alteration, adjustment, Or relocation,
including, but not limited to the cost of acquiring appropriate
easements.
2. The City shall have a reasonable right to enter upon the lands described
herein for the purposes outlined in Paragraph 1 above, including the
right to trim such trees, brush, and growth which might endanger or
interfere with such facilities, provided that such rights do not
interfere with the operation and safety of the Department's facilities.
3. The City agrees to repair any damage to Department facilities and to
indemnify the Department against any lose or damage resulting from the
City exercising its rights outlined in Paragraphs 1 and 2 above.
PARCEL 104.03 PAGE 2
1L
rf �� n.
r�
This instrument prepared by, or
UnderiCettt etPtdGrn9 on of
Assistant General Counsel
Department of Transportation
IN WITNESS WHEREOF, the Department hereto has executed this agreement on the
day and year first above written.
Signed, sealed and delivered in the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
presence of: i
By:
Director of Production for District VI
WITNESS ADDRESS
PRINT NAME
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF
The Foregoing instrument was acknowledged before me this day of
—
DIRECTOR OF PRODUCTION for
199_ , by ersonall known to me or who has produced
District VII , who is p y not take an oath.
as identification, and who did ( did )
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
IN WITNESS WHEREOFd, the said acting byethe Chairpersonbor Vice-
in in its name by its Boar
Chairperson of said Board, the day and year aforesaid.
Florida,
ATTEST:
PRINT NAME Clerk p
Clerk (or )
Deputy
pARCEL 104.03
By it_ Council
BY: its Chairperson
(or Vice - Chairperson)
PRINT NAME
ADDRESS
PAGE 3
is
This instrument prepared by, or s
UndQ %m#thcir&Von of
Assistant General Counsel
Department of Transportation
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this Chairperson (or
199_, by Florida, City Council, who is
Vice - Chairperson) of the ' as
personally known to me or who has produced
identification, and who did (did not) take an oath.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PAGE 4
PARCEL 104.03
This instrument prepD by, or
under the direction
K�Ae�n�neth G. WIn
Dw"Ct19" r t a t i o n
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 106.03
SECTION 15070 -2524
S.R. NO.: 580
COUNTY PINELLAS
Legal Description Approved:
Date:September 10, 1992 By: Brent J. Davis
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of 1 199_, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
Department, and CITY OF CLEARWATER , hereinafter called City.
W I T N E S S E T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the Department; and
WHEREAS, the Department is willing to pay to have the City's facilities
relocated if necessary to prevent conflict between the facilities so that the
benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, City and Department agree as follows:
City subordinates any and all of its interest in the lands as follows, viz:
That part of Lot 17, Wildwood of Countryside in Section 29, Township 28 South, Range
16 East as recorded in Plat Book 72, Page 20 of the Public Records of Pinellas
County, Florida.
Being described as follows:
Commence at a 4 11x4" concrete monument marking the Northwest corner of the plat of
Wildwood of Countryside, as recorded in Plat Book 72, Page 20 of the Public Records
of Pinellas County, Florida; thence South 11 °02100" West along the Westerly boundary
of said Wildwood of Countryside, a distance of 583.30 feet to the Southwest corner
of said Wildwood of Countryside, said point also being the Southwest corner of a
Florida Department of Transportation right of way as described in Official Records
Book 5548, Page 758 of the Public Records of Pinellas County, Florida; thence North
89 039156" East along the South line of said Wildwood of Countryside and the South
line of said Florida Department of Transportation right of way, a distance of 56.99
feet to a point on the existing Northerly right of way line of State Road 580;
thence continue North 89 °39'56" East along the South line of said Wildwood of
Countryside and the Northerly right of way line of State Road 580, a distance of
571.21 feet to the POINT OF BEGINNING, said point of beginning also being the
Southwest corner of Lot 17, of said Wildwood of Countryside; thence run North
23 032'21" West along the Westerly line of said Lot 17, a distance of 16.92 feet;
thence North 89 029132" East, a distance of 87.60 feet to a point on the Easterly
line of said Lot 171 thence South 03 101'34" West along the Easterly line of said Lot
17, a distance of 15.84 feet to the Southeast corner of said Lut 17 and a point on
PARCEL 106.03 PAUL 1
EXHIBIT D
This instrument prepared by, or
Under the direction of
Ktansth G. Wing
Dep arVIRPTf" %"ortat ion
the Northerly right of way line of State Road 580; thence South 89039'56" West along
the South line of said Lot 17 and said Northerly right of way line, a distance of
80.00 feet to the POINT OF BEGINNING.
Less existing rights of way.
Containing 1315 square feet, more or less.
to the interest of the Department, its successors, or assigns, for the purpose of
construction, improving, maintaining and operating a road over, through, upon and /or
across the lands, including but not limited to the claim of interest based on the
following:
RECORDED
NATURE OF
DATE
FROM
TO
Plat
ENCUMBRANCE
BOOK /PAGE
UTILITY &
05/07/79
U.S. H014ES OF
CITY OF CLEARWATER
72/20
DRAINAGE
FLORIDA
EASEMENT
PROVIDED that the following rights are reserved to the City:
1. The City shall have the right to construct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities on, within, and upon
the lands described herein in accordance with the Department's current
minimum standards for such facilities as required by the State of
Florida, Department of Transportation, Utility Accommodation Guide,
dated May, 1990. Any new construction or relocation of facilities
within the lands will be subject to prior approval by the Department.
Should `she Department fail to approve any new construction or relocation
of facilities by the City or require the City to alter, adjust, or
relocate its facilities located within said lands, the Department hereby
agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate
easements.
2. The City shall have a reasonable rlUht to enter upon the lands described
herein for the purposes outlined in Paragraph 1 :above, including the
right to trim such trees, brush, and rjrowth which might endanger or
interfere with such facilitie:i, provsdad that such rights do not
interfere with the operation and Safety of the Departu,ent's facilities.
PARCEL 106.03
This instrument prepared by, or
Under the direction of
Kenneth G. Wlnq
Assistant G�ner l
Departmen o �ortation
3. The City agrees to repair any damage to Department facilities and to
indemnify the Department against any loss or damage resulting from the
City exercising its rights outlined in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the Department hereto has executed this agreement on the
day and year first above written.
Signed, sealed and delivered in the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
presence of:
By:
Director of Production for District VII
WITNESS
PRINT NAME ADDRESS
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 199_ , by DIRECTOR OF
PRODUCTION for District VII , who is personally known to me or who has produced _
as identification, and who did (did not) take an oath.
PARCEL 106.03
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PAGE 3
Y
This instrument prepared by, or
under the direction of
Kenneth G. Mng
ASSIStant Gene?1FOL1s
Department o ran rtation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 108.02
SECTION 15070 -2524
S.R. NO.: 580
COUNTY PINELLAS
Legal Description Approved:
Date: September 10, 1992 By: Brent J. Davis
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of , 199_, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
Department, and CITY OF CLEARWATER , hereinafter called City.
W I T N E S S E T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the Department; and
WHEREAS, the Department is willing to pay to have the City's facilities
relocated if necessary to prevent conflict between the facilities so that the
benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, City and Department agree as follows:
City subordinates any and all of its interest in the lands as follows, viz:
That part of Lot 25, Wildwood of Countryside in Section 29, Township 28 South, Range
16 East as recorded in Plat Book 72, Page 20 of the Public Records of Pinellas
County, Florida.
Being more particularly described as follows:
Commence at a 4 "x4" concrete monument marking the Northwest corner of the plat of
Wildwood of Countryside, as recorded in Plat Book 72, Page 20 of the Public Records
of Pinellas County, Florida; thence South 11 102'00" West along the Westerly boundary
of said Wildwood of Countryside, a distance of 583.30 feet to the Southwest corner
of said Wildwood of Countryside, said point also being the Southwest corner of a
Florida Department of Transportation right of way as described in Official Records
Book 5548, Page 758 of the Public Records of Pinellas County, Florida; thence North
89 039'56" East along the South line of said Wildwood of Countryside and the South
line of said Florida Department of Transportation right of way, a distance of 56.99
feet to a point on the existing Northerly right of way line of State Road 580;
thence continue North 89 °39156" East along the South line of said Wildwood of
Countryside and the Northerly right of way line of State Road 580, a distance of
816.49 feet to the POINT OF BEGINNING, said point of beginning also being the
Southwest corner of Lot 25, of said Wildwood of Countryr;ido; thence run North
03 001128" East along the Westerly lint: c,f said Lct 25, a Jiotar:ce of 16.34 feet;
thence North 89 °29'32" East, a distance of 16 .3: feet to a rcGir:t on the Easterly
line of said Lot 25; thence South 03101'22" tr,-; t alL�Firj the Easterly lirse of said Lot
PARCEL 108.02 PAC"
EXHIBIT B
This instrument prepared by, or
Under Ken elh G. WIN
of
Assistant General Counsel
Department of Transportation
point on
thence South 89 °3a�d6stance If a distance of 16.85 feet to the Southeast corner of said Lot 25 an a
25, way line of state Road 580; way line,
the Northerly right of Y
the South line of said Lot 25 and said Northerly right o
165.28 feet to the POINT OF BEGINNING.
Less existing rights of way.
Containing 2738 square feet, more or less.
or assigns, for the purpose of
its successors, a road over, through, upon and /or
to the interest of the Department, and operating
construction, improving, maintaining
across the lands, including but not limited to the claim of interest based on the
followings
RF_ C O_RDED
Plat
TO BOOK /PAGE
DATE FROM
NATURE OF 72/20
ENCUMBRANCE CITY OF :-ARWATER
05/07/74 U.$• HO14ES OF
UTILITY & FLORIDA
DRAINAGE
EASEMENT
PROVIDED that the following rights are reserved to the City:
operate, maintain, improve,
ht to construct, within, and upon
The City shall have the right relocate facilities °n' artment's current
I. upgrade, remove,
add to, P9 the State of
the lands described herein in accordance astilitirled by, odation Guide,
minimum standards for such facilities as required by
Florida, Department of Transportation, the Department.
dated May, 1990. Any new construction.'
onstruction or relocoval °byof facilities
prior neP
rove any new construction or relocation
within the lands will be subject to 1 adjust,
Should the Department fail to require the City to alter, 7
of facilities by the City or req the Department hereby
the cost of such alteration, adjustment, or relocation,
relocate its facilities located within said lands, ro riate
agrees to pay airing aPP P
including, but not limited to the cost of acquiring
easements,
shall have a reasonable right to enter upon the lands described
outlined in Paragraph 1 above, including the
2, The City
endanger or
herein for the purposes and growth which might endang
such facilities, provided °Eht�esDeFartment'so facilities•
right to trim such trees, brush,
interfere with Operation and safety
interfere with the oP
.11= ..
PArVCEf. :CB.fr2
o,
This instrument prepared by, or
Under the direction of
Kenneth G. Nng
Departmenntno�f 7`raUn"sportation
3. The City agrees to repair any damage to Department facilities and to
indemnify the Department against any loss or damage resulting from the
City exercising its rights outlined in Paragraphs 1 and 2 above.
0
IN WITNESS WHEREOF, the Department hereto has executed this agreement on the
day and year first above written.
Signed, sealed and delivered in the STATE OF FLORIDA DEPART14ENT OF TRANSPORTATION
presence of:
By:
Director of Production for District VII
WITNESS
PRINT NA14E ADDRESS
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
199^ , by , DIRECTOR OF
PRODUCTION for District VII , who is personally known to me or who has produced _
as identification, and who did (did not) take an oath.
PARCEL 108.02
PRINT NA14E
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
., ,L.
r�
r
This instrument prepared by, or
Under the direction of
Kenneth G. Wing
Aselslsnt General Counsel
Department of Transportation
i
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed
in its name by its Board of City Commissioners acting by the Chairperson or Vice- I
Chairperson of said Board, the day and y
Florida,
t ATTEST: By Its City Council
PRINT NAME Clerk)
Clerk (or Deputy
By:
Its Chairperson
(or vice - Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
Chairperson (or
lgg_, by Florida, City Council, who is
Vice- Chairperson) of the as
personally known to me or who has produced
identification, and who did (did not) take an oath.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
NF:GE ,7
PARC) L 108.02
This instrument prepared b , or
under the direction o
Kenneth G. Wing
As stant G�nar�t t`�unsel
De artmen o rane o tation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
Legal Description Approved:
Dates OCTOBER 8, 1992 By: Brent J. Davis
UTL.04
PARCEL : 112.06
SECTION : 15070 -2524
S.R. NO.: 580
COUNTY : PINELLAS
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this _ day of , 199_, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department,
and CITY OF CLEARWATER , hereinafter called City.
W I T N E S S E T H:
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the Department; and
WHEREAS, the Department is willing to pay to have the City's facilities relocated
if necessary to prevent conflict between the facilities so that the benefits of each
may be retained-.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, City and Department agree as follows:
City subordinates any and all of its interest in the lands as follows, viz:
That part of Lot 41, Wildwood of Countryside in Section 29, Township 28 South, Range
16 East as recorded in Plat Book 72, Page 20 of the Public Records of Pinellas County,
Florida.
Being described as follows:
Commence at a 4 "x4" concrete monument marking the Northwest corner of the plat of
Wildwood of Countryside, as recorded in Plat Book 72, Page 20 of the Public Records of
Pinellas County, Florida; thence South 11 002100" West along the Westerly boundary of
said Wildwood of Countryside, a distance of 583.30 feet to the Southwest corner of said
Wildwood of Countryside, said point also being the Southwest corner of a Florida
Department of Transportation right of way as described in Official Records Book 5548,
Page 758 oi'the Public Records of Pinellas County, Florida; thence North 89 039'56" East
along the South line of said Wildwood of Countryside and the South line of said Florida
Department of Transportation right of way, a distance of 56.99 feet to a point on the
existing Northerly right of way line of State Road 580; thence continue North 89 °39156"
East along the South line of said Wildwood of Countryside and the Northerly right of
way line of State Road 580, a distance of 1,457.57 feet to the POINT OF BEGINNING, said
point of beginning also being the Southwest corner of Lot 41 of said Wildwood of
Countryside; thence run North 03 °01'05" East along the Westerly line of said Lot 41,
a distance of 18.29 feet; thence North 89 029'32" East, a distance of 155.29 feet to a
point on the Easterly line of said Lot 41, thence South 03 000'59" West along the
Easterly line of said Lot 41, a distance of 18.76 feet to the Southeast corner of said
PARCEL 112.06 PAGE 1
EXHIBIT F
N
This instrument prepared by, or
Under the direction of
DKenneth G. Wing c,,�
epartmen�n o� CV9ii8'portation
G�
Lot 41, and a point on the Northerly right of way line of State Road 580; thence South
89139156" West along the South line of said Lot 41, and said Northerly right of way
line, a distance of 155.26 feet to the POINT OF BEGINNING.
Less existing rights of way.
Containing 2871 square feet, more or less.
to the interest of the Department, its successors, or assigns, for the purpose of
construction, improving, maintaining and operating a road over, through, upon and /or
across the lands, including but not limited to the claim of interest based on the
following:
RECORDED
NATURE OF
DATE
FROM
TO
PLAT
ENCUMBRANCE
HOOK /PAGE
UTILITY
05/07/74
U.S. HOMES OF
CITY OF CLEARWATER
72/20
EASEMENT
FLORIDA
PROVIDED that the following rights are reserved to the City:
3... The City shall have the right to construct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities on, within, and upon the
lands described herein in accordance with the Department's current minimum
standards for sucO facilities as required by the State of Florida,
Department of Transportation, Utility Accommodation Guide, dated May,
1990. Any new construction or relocation of facilities within the lands
will be subject to prior approval by the Department. Should the
Department fail to approve any new construction or relocation of
facilities by the City or require the City to alter, adjust, or relocate
its facilities located within said lands, the Department hereby agrees to
pay the cost of such alteration, adjustment, or relocation, including, but
not limited to the cost of acquiring appropriate easements.
2. The City shall have a reasonable right to enter upon the lands described
herein for the purposes outlined in Paragraph 1 above, including the right
to trim such trees, brush, and growth which might endanger or interfere
with such facilities, provided that such rights do not interfere with the
operation and safety of the Department's facilities.
PARCM 112.06
PAGO 2
This instrument prepared by, or
Under the direction of
Kenneth G. Wing
-Assistant nt or Transportation
3. The City agrees to repair any damage to Department facilities and to
indemnify the Department against any loss or damage resulting from the
City exercising its rights outlined in Paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day
and year first above written.
Signed, sealed and delivered in the
presence of:
WITNESS
PRINT NAME
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VII
ADDRESS
The foregoing instrument was acknowledged before me this day of
199_, by DIRECTOR OF PRODUCTION
for District VII , who is personally known to me or who has produced
as identification; and who did (did not) take an oath.
PARCEL 112.06
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PAGE 3
This instrument prepared by, or
Under the direction of
Kenneth. G. Wing
Depar men not ransportation
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in
its name by its Board of City Commissioners acting by the Chairperson or Vice -
Chairperson of said Board, the day and year aforesaid.
ATTEST: , 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
The foregoing instrument was acknowledged before me this day of
, 199_, by Chairperson (or
Vice - Chairperson) of the , Florida, City Council, who is
personally known to me or who has produced as
identification, and who did (did not) take an oath.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 112606
PAGE 4