SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 800.02 (3)
'" I 1. '_" 'f'
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
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200527032507/1212005 at 03:42 PM
OFF REC BK: 14445 PG: 2613-2618
DocType:AGM RECORDING: $52.50
PARCEL 800.02
WPI/SEG 4149981
S . R . NO.: 55
COUNTY PINELLAS
SECTION : 15150-0000
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 12/30/04 By: ROGER P. WHITLEY
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into by and between the STATE OF FLORIDA OEPARTMENT OF
TRANSPORTA,TION, hereinafter called the FOOT, 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 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 FOOT and the UAO hereby agree as follows:
1. The UAO hereby subordinates to the interest of FOOT, 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 2, 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 2, 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, Section
PARCEL 800.02
PAGE 1
" " {
15150-2512; thence S 01002'15" W, along the West line of said Lot 2 and said East right of
way, a distance of 61.83 feet to the POINT OF BEGINNING; thence S 88057'45" E, a distance of
5.00 feet; thence S 01002'15" W, on a line 5.00 feet East of and parallel with said West line
of Lot 2 and said East right of way line of u.s. 19 (state Road 55), a distance of 293.56
feet to a point of curvature of a non-tangent curve concave Easterly, said point being on
said West line of Lot 2 and said East right of way line of u.s. 19 (State Road 55); thence
Northerly along said West line of Lot 2 and said Easterly right of way line of u.s. 19 (state
Road 55) and along the arc of said curve, having a radius of 755.94 feet, and a chord bearing
and distance of N 02015'34" W for 86.94 feet, through a central angle of 06035'37", a
distance of 86.99 feet; thence along said West line of Lot 2 and said East right of way line
of u.s. 19 (State Road 55), N OP02'15" E a distance of 206.76 feet to the POINT OF
BEGINNING.
Containing 1323 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 tQe 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 thrqugh 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 800.02
PAGE 2
"'/1'_,'
,
, ,
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
iu nCl-.. , 200~.
r;t!:-
day
Signed, sealed and delivered in
~~
:rtrem: G.J 717
~~.~
WITNESS 'l)e .~-
PRINT NAME SU~ ( f'..{!-,\ rO
,
STATE/!~.FJFF L,O IDA DEPART
By: . (IA
~~ctor of Tr
1 V District VII
PRINT NAME
ADDRESS:
TRANSPORTATION
for
DONALD J. SKELTON. PE
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
Legal Review
District Counsel
~
By:
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
\),.~
The fOreg~ng i was acknowledged before me this
, 200 , by DONALD J. SKELTON, DIRECTOR OF TRANSPORTATION
, who is personally known to me Qr \:he has prod'lC'QQ
- 7#-d
ay
DEVELOPMENT
of
for
..a8--
DEANNA L ALDERMAN
MY COMMISSION # DO 104132
EXPIRES: July 17,2006
Elond!d 1'hru Nolery PublIc lJndenvritsnl
~J.~
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 800.02
PAGE 3
. /
, ,
IN WITNESS WHEREOF, the UAO has caused these presents to be
its City Manager, countersigned by it~Mayor, attested by its City
s.eal hereto affixed, effective this 'f day of (Y\"(1A ~
executed in its name by
Clerk, and its official
, 2005.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By'~~e'~H~.r
-i~ 1<'lIPU
F:ianJt V. Hibbard, Mayor
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
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.
SS my hand and official seal this ~ day of
llLl1/J~
,
, 2005.
~1J-W
u
lJ, / SO L)
...tS'-y PU<9<. Denl.. A. Wilson
f~ 1; Commlulon" 00296233
1. \)~ Expires June 18, 2008
~ ~ ~.~~ ~ ~\lUl' '"""""' I"" ~7019
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. / I /h _.
seal this ~ day of _LJiil!Jl'l.1'J , 2005.
Notary Public - State of Florida
Print/type name;"))e/.Ji SO A. lrJ, /soJ
~ Den.. A. Wilson
! * CommiI8lon ., 0D296233
, \).4 Expil'll June 18, 2008
~ 01' ,p' fI/JtIIIt14l1'o, ,. .1I'tIlrIIlM.11lIo ...1019
~:
Assistant City Attorney
PARCEL 802.02
PAGE 4
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SECTION /7. TOWNSHIP 29 SOUTH, RANGE 16 EAST
PINELLAS COUNTY, FLORIDA
This sketch is NOT 0 survey.
CURVE DATA
l:l .06035' 37"
R .755.94'
L .86.99'
CH.86.94'
CB.N 020'5'34- W
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I' = 40'
LEGEND
CB CHORD BEARING
CH CHORD LENGTH
COR CORNER
6 CURVE DELTA
FDOT FLORIDA DEPARTMENT
OF TRANSPORTATION
CURVE LENGTH
PLAT DATA
PLAT BOOK
PAGES
POINT OF BEGINNING
POINT OF COMMENCEMENT
RADIUS
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SECTION
SOUARE FEET
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SIDEWALK EASEMENT
LOT 2
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SURVEYOR'S CERTIFICAT[ON
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH
AND LEGAL DESCRIPT[ON [S TRUE AND CORRECT TO
THE BEST OF OUR KNOWLEDGE AND BEL[EF AS
RECENTLY PREPARED UNDER OUR DIRECT[ON AND
THAT THIS SKETCH MEETS THE [NTENT OF THE
MINIMUM TECHN[CAL STANDARDS FOR SURVEYING
PURSUANT TO SECTION 472.027. FLORIDA STATUTES
AND CHAPTER 6IGI7-6. FLORIDA ADMIN[STRATIVE
CODE.
t-\. )J- tt
17..11~/o4
DATE I
WILLIAM H. FULGHUM
PROFESSIONAL LAND SUR EYOR 04993
PBSBJ LB 24
5300 W. CYPRESS ST. SUITE 300
TAMPA. FLORIDA 33607
(8131282-7275
FLORIDA DEPARTMENT OF
STATE ROAD NO. NIA
SEE SHEET 2 FOR GENERAL NOTES
a LEGAL DESCRIPTION.
SKETCH a DESCRIPTION
W. P. I. NO. N I A
SECT/ON N/A
TRANSPORTATION
PI NELLAS COUNTY
FIELD BOOK NO.
NIA
SCALE: "'.40'
SHEET , OF 2
---.'--'--'
I'll ' 1
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, 'P'l>
LEGAL DESCRIPTION
A parcel of land being a portion of Lot 2, CLEARWATER MALL, as recorded in
Plat Book 125, Pages 2/ through 29 of the Publ ic Records of Pinel las County,
Florida, lying within the Southwest ~4 of Section 17. Township 29 South.
Range 16 East, Pinel las County, Florida, being more particularly described
as follows:
COMMENCE at the Northwest corner of Lot 2. CLEARWATER MALL, as recorded in
Plat Book 125, Pages 21 through 29 of the Publ ic Records of Pinel las County,
Florida lying on the East right of way I ine of U.S. 19 (State Road 55) per
Florida Department of Transportation Map. Section 15150-2512; thence
S 01002'15" W, along the West I ine of said Lot 2 and said East right of way,
a distance of 61.83 feet to the POINT OF BEGINNING; thence S 88057'45~ E,
a distance of 5.00 feet; thence S 01002'15" W. on a line 5.00 feet East of
and paral lei with said West I ine of Lot 2 and said East right of way 1 ine of
U.S. 19 (State Road 55), a distance of 293.56 feet to a point of curvature
of a non-tangent curve concave Easterly, said point being on said West line
of Lot 2 and sa i d East right of way line of U. S. 19 (State Road 55); thence
Northerly along said West I ine of Lot 2 qnd said Easterly right of way line
of U.S. 19 (State Road 55) and along the arc of said curve. having a radius
of 755.94 feet, and a chord bearing and distance of N 02015'34" W for 86.94
feet. through a central angle of 06035'37". a distance of 86.99 feet; thence
along said West I ine of Lot 2 and said East right of way 1 ine of U.S. 19
(State Road 55), N 01002'15" E a distance of 206.76 feet to the POINT
OF BEGINNING.
Containing 1323.33 square feet, more or less.
SURVEYOR'S NOTES
I. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
2. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES
NOT REPRESENT A BOUNDARY SURVEY.
3. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF
THIS DRAWING.
4. LEGAL DESCRIPTION PREPARED BY PBS8J.
5. BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE
SYSTEM, WEST ZONE 1983 NORTH AMERICAN DATUM, 1990 ADJUSTMENT HOLDING
THE EAST RIGHT OF WAY LINE OF U.S. 19 (S.R. 55) AND THE WEST LINE OF
LOT 4, CLEARWATER MALL, BEING N 01002' 15" E.
SEE SHEET I FOR
SKETCH 8 LEGEND.
FLORIDA DEPARTMENT OF TRANSPORTATION
STATE ROAD NO. NIA HILLSBOROUGH COUNTY
FIELD BOOK NO.
NIA
SCALE: N /A
I SHEET 2 OF 2
SKETCH a DESCRIPTION
W. P. I. NO. N I A
SECTION N/A