Agenda Item Cover Sheet
Agenda Item No. A-41
Meeting Date
x Consent Section

Regular Section
August 02, 2006
Public Hearing
Subject:
Execute the two Subordination of Utility Interest - Knights Griffin Road Bridge
Department Name: Real Estate
Contact Person: Anthony Haynes (ta)
Sign-Off Approvals:
Assistant County Administrator
Contact Phone:
07/19/2006
Date
NA
Management and Budget – Approved as to Financial Impact Accuracy
Date
272-5810
Department Director
07/19/2006
Date
County Attorney – Approved as to Legal Sufficiency
07/19/2006
Date
Staff's Recommended Board Motion:
Execute the Subordination of Utility Interests from Florida Power Corporation d/b/a Progress Energy
Company Florida Inc., for road rights-of-way purposes located on Knights Griffin Road in
unincorporated Hillsborough County.
Financial Impact Statement:
None.
Background:
Project 2003-121-R, Parcels 100 and 104
The Florida Power Corporation, d/b/a Progress Energy Company Florida, Inc., requires that the County
execute both of the Subordination of Utility Interests associated with the Knights Griffin Road Bridge
Improvement project for road rights-of-way. The Subordination of Utility Interests contains .09 acres
more or less of land which allows the County to proceed with the bridge improvement project. The
Directors of the Real Estate and Public Works Departments recommend approval.
List Attachments:
Subordination of Utility Interests, Location Map.
Project: 2003-121 -R Knights Griffin Road Bridge Improvement Parcels: 104.2 Folios : 59740.0000 Sec 1 Twp 28 Rge 20 This instrument was prepared by: Hillsborough County Real
Estate Department P.O. Box 1110, Tampa, Florida David A. Peto
SUBORDINATION OF UTILITY INTERESTS THIS AGREEMENT, entered into this ~ of ______________, 20C~a,
by and between HILLSBOROUGH COUNTY, a political subdivision of the State of Florida, whose address is: P.O. Box 1110, Tampa, Florida 33601, hereinafter called County and
FLORIDA POWER CORPORATION, dibla PROGRESS ENERGY COMPANY FLORIDA, INC., hereinafter called Utility. WITN ESSETH: WHEREAS, the Utility3presently has an
interest in lands that have been determined necessary for road right-of-way purposes; and WHEREAS, the proposed use of these lands for road right-of-way purposes will require
subordination of the interest claimed in such lands by Utility to County; and WHEREAS, County is willing to pay to have the Utility's facilities relocated if necessary, or to replace Utility's
easements with new easements encumbering different lands if necessary, to prevent conflict between the facilities and the road right-of-way, so that the benefits of each may be retained.
NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: Utility hereby subordinates to the interest of County,
its successors, or assigns, any and all of its interest of County, its successors, or assigns, any and all of its interest in the lands as follows, viz: LANDS DESCRIBED IN SCHEDULE "A"
ATTACHED HERETO AND MADE A PART HEREOF SKETCHES INCLUDED FOR ILLUSTRATIVE PURPOSES ONLY RECORDED
INSTRUMENT DATE FROM io
RECORDED IN Easement 5/22/1951 Max Kreher Ida Kreher Florida Power Corporation O.R. 1630 Pg. 300 I
PROVIDED that the Utility has the following rights: 1. The Utility 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 current minimum standards for such facilities as required by County at the time the agreement is executed. Any new construction or
24 or require the
relocation of facilities within the lands will be subject to prior approval by County. Should County fail to approve any new construction or relocation of facilities by the Utility
Utility to alter, adjust, or relocate its facilities located within said lands, the County hereby agrees to pay the cost of such alteration, adjustment, or relocation, including but not limited to the
cost of acquiring appropriate replacement easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the
exception of the provision herein with reimbursement rights. 3. The Utility shall have a reasonable right to enter upon the lands described herein for purposes outlined in Paragraph 1
above, including the right to trim such trees, brush, and undergrowth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and
safety of the proposed right-of- way. 4. UTILITY agrees to indemnify and hold the County harmless for from and against any and all losses, claims or damages incurred by the County
arising directly from the UTILITY's or Utility's contractor's negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of UTILITY's
facilities located on the above described easement. PROVIDED, it is expressly understood and agreed that the rights of the Utility to obtain compensation and/or reimbursement for any
utility adjustment and/or relocation required now or at any time in the future shall in no way be impaired or diminished by anything herein contained. IN WITNESS WHEREOF, the
County has executed this agreement on the day and year first above written.
(OFFICAL SEAL) HILLSBOROUGH COUNTY, ATTEST: _________________________ a political
subdivision of the State of Florida Print Name: _____________________ By its Board of County Commissioners By: _____________________ Its Chairman (or Vice Chairman) Print
Name: ______________ Deputy Clerk of the Circuit Court jciency 2
IN WITNESS WHEREOF, the Utility has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the
day and year first above written.
Signed, se r~~f Wif' ess: aled and `~ d livered in the presents of:
(v~?V~)fr-7 L~L/K~ ,`417 Print/Type Name
Witness:
STATE
35 Florida Power
OF FL(DA~&~uu~L) COUNTY OF ___________ The foregoing instrument was acknowledged before me this_Z~t~day of i I 20 lID , by ~ ~. Q~ei ~ , Vice President for
Corporation, d/b/a Progress Energy Florid?~Inc., a ___________________ corporation, on behalf of the Corporation, who is personally know,i~ to me or has produced
___________________ as identification (A~fix Seal/Stamp) No~~d~ ~ (~n 3 ~ My cOmmi sion expires: Print Name J I By: ~resident ~~rc~L (~c~r~ Print/Type Name ?.)
ATTEST: _______________________ ssistant S etary Print/Type Name (Affix Corporate Seal)
a Az~~AAJx~ 4~/AJ Print/l'ype N~rne Grantor's Mailing Address: Florida
Power Corporation d/b/a Progress Energy Florida, Inc. 3300 Exchange Place Lake Mary, FL 32746-5413
I 3 in Paragraph 1 above, including the right to trim such trees, brush, and
undergrowth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the proposed right-of- way. 4. UTILITY
agrees to indemnify and hold the County harmless for from and against any and all losses, claims or damages incurred by the County arising directly from the UTILITY's or Utility's
contractor's negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of UTILITY's facilities located on the above described easement.
PROVIDED, it is expressly understood and agreed that the rights of the Utility to obtain compensation and/or reimbursement for any utility adjustment and/or relocation required now or at
any time in the future shall in no way be impaired or diminished by anything herein contained. IN WITNESS WHEREOF, the County has executed this agreement on the day and year first
above written.
(OFFICAL SEAL) HILLSBOROUGH COUNTY, ATTEST: _________________________ a political subdivision of the State of Florida Print Name:
_____________________ By its Board of County Commissioners By: _____________________ Its Chairman (or Vice Chairman) Print Name: ______________ Deputy Clerk of the
Circuit Court jciency 2
e S 89?31'35" C - ___-_-------.-----------t--------------------------------- A- 620.01 (Dl -8 0o FOLIO * 059140.0000 - ORD 2112. PG 451 - I S 89?37'35" C z 0 -- A-------- -- 219.42' ID) ~-PROPOSED ROAD / RIGHT-OF-WAY l~ FLINT CREEK / PARCEL 04 / 1r-PROPOSED RIGHT-OFWAY LINE
/ 15 / <`v `AREA 3.926 S.F. OR 0.09 AC. M.O.L. \\\,~RIGHT46 28 SOUTH,
oF-wAY LINE PER ORB 733 PG 443 L3
22:00 - 23:00 / /SURVEY 89~40'I2" E SOUTH LINE OF SE `/~ OF TUE NORTHWEST V4 OF SECTION I. TOWNSHIP
RANGE 20 EAST LEGEND: P.O.C. POINT OF COMMENCEMENT P.0.8. POINT OF BEGINNING (CI CALCULATED (DI DEED (P1 PLAT R/W RIGHT-OF-WAY SEC. SECT
ION ORB OFFICIAL RECORDS BOOK PG PAGE P 8 PLAT BOOK I PROPERTY LINE OVERALL S.F SQUARE FEET M.O.L. MORE OR LESS AC, ACRES B/L BASEL (NE
C/L CENTERLINE CONS!. CONSTRUCTION HILLSBOROL.JGH COUNTY REAL ESTATE I3RPARTSIENT COUNTY SURVEYING DIVISION RIGHT OF WAY FIAPI'INU
5t0T10T4 DII K. KIYNREDY UI.VO!TAP(PA. FLORIDA 531,111 SURVE'!U1V S CERTIF (CAT ION: (HIS CERTIIIES (11,11 A SIYETCI-, ID (HE FROPERTY S GAIl ,4EREON
WA.; MAUS UNDER MD ~UPfRVlSION AND MEETS (lIE MINIMUM TECHt~ICAL S'YN(JSIRS SE! FOR!,, BY (HE FLORIDA BOARD OF LAI,D LUIIVEY AS ANti M#F'PEDS.
PURSIJANI TO
~ AVIJES ASSOCIATES. ITIC 88/5 HI DOE N RIVER PA AR WA A TAMPA. FLORIDA 33637 18131 9/8 8683 18 `1225 NOT VALID WITIIOUT (HE
SICNAIUITE ANDORIDJYIAL RAISED SEAL 01 AILCRIDALICENSEDSIJRVEYURATIDAWPPEA LINE DATA TABLE I
LINE LI 12 BEARING N89'3/35 W
DISIANCE 29/ 01 N 000 (32" E 40.00 294 63 L3 L4 H 89'3/ 35 W N 43'5241 W (8.94 (48 01, L5 S 894012" E 16 S 884/ IS' L/ S 0O'O('32" W PARCEL 04
SECTION , TOWNSHIP 28 SOUTH, RANGE 20 EAST HILLSBOROUGH COUNTY, FLORIDA Li 159. 18' (I. 34* RE. Ptoec~ 20031210 C.I P. No 69207
NOT TO SCALE
~STA:23'60.23 rJHE SE ? 38.20' LI. j THE NW `I., OF SEC. -28-20 )24,O029?.O~~j STA.26'51.41
\SEcrIoN LINE ~TA. 23'60.23 (.80' AT. n/.35,,E 2651.45'95 KNIGHTS
GRIFFIN ROAD SECTION LINE STA. 21 `05.54 1.61' RT. LI tv L_SW CORNEA OF THE SW 1/4 OF THE NW I/~ OF SEC. I -28-20 STA. 0.00.00 0.00 AT.
NOTES: I.
TIlls IS HOT A BOUNDARY SURVEY. 2. BEARINGS REFER TO GRID BEARING UPON TUE FLORIDA STATE PLANE COORDINATE SYSTEM, TRAVERSE MERCATOR
PROJECTION. WEST ZONE. NORTH AMERICAN DATUM, (983 (ADJUSTMENT OF (9901. 3. SURVEY BASELINE WAS ESTABLISHED AS A LINE FROM THE WEST
SECTION CORNER TO THE EAST SECTION CORNER. BOTH IN SECTION I. TOWNSHIP 28 SOUTH. RANGE 20 EAST. 4. STATION AND OFFSET CALLOLITS ARE
REFERENCED TO BASELINE OF SURVEY. PROJ NO
~PH, NO DATE KNIGHTS GRIEF IN ROAD BRIDGE PARCEL SKEICI-I PARCEL 104 SI--lEE I
I UI- I
Februarj 10, 2004 Fro~ect 2003-121-R Revised: Knights Griffin Road Parcel 104 Right of way Folio #059740.0000 Schedule ~A" THAT PART OF: That part of the Southeast 1/4 of
the Northwest 1/4 of Section 1, Township 28 South, Range 20 East, in Hilisborough County, Florida, lying North and East of the centerline of Flint Creek; LESS the North 450 feet of the
57 28 South,
East 628 feet thereof; and LESS that tract beginning 917 feet West and 450 feet South of the Northeast corner of the Southeast 1/4 of the Northwest 1/4 of Section 1, Township
Range 20 East; and run thence West to the centerline of Flint Creek; thence Northwesterly along the centerline of Flint Creek to a point South of the Northwest corner of the said Southeast
1/4 of the Northwest 1/4; thence North 323 feet to the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 1, Township 28 South, Range 20 East; thence East a distance of
411 feet; thence South 450 feet to the Point of Beginning; and LESS beginning at a point 450 feet South and 917 feet West of the Northeast corner of the Southeast 1/4 of the Northwest 1/4
of Section 1, Township 28 South, Range 20 East, for a Point of Beginning; run thence South 150 feet; thence West 220 feet more or less to the center line of Flint Creek; thence
Northwesterly along the center line of Flint Creek to a Point 267.8 feet more or less West of the Point of Beginning; thence East 267.8 feet more or less to the Point of Beginning, and LESS
the East 297.0 feet of the Southeast 1/4 of the Northwest 1/4 of Section 1, Township 28 South, Range 20 East, lying North of Knights-Griffin Road (Knights-ThonotoSasSa Road), less the
North 450.0 feet thereof; and LESS the South 300 feet of the North 450 feet of the Southeast 1/4 of the Northwest V4 of Section 1, Township 28 South, Range 20 East, less the East 603 feet
thereof, and less the West 411 feet thereof; and LESS the North 150.0 feet of the Southeast 1/4 of the Northwest 1% of Section 1, Township 28 South, Range 20 East, less the West 411.0
feet thereof, and less the East 603.0 feet thereof; all lying and being in Hilisborough County, Florida. LYING WITHIN the following metes and bounds description: Commencing at the
Southeast corner of said Southeast 1/4 of the Northwest 1/4 of Section 1; thence along the South line of said Southeast 1/4 of the Northwest 1/4 N 89?37'35~ W, 297.01 feet; thence N
00?01'32" E, a distance of 40.00 feet for a Point of Beginning; thence N 89?37'35" W, 294.63 feet to the centerline of Flint creek; thence N 43?52'41" W, along said creek centerline, 18.94
feet; thence leaving said creek centerline S 89?40'12" E, 148.01 feet; thence S 88?47'15" E, 159.78 feet; thence S 00?01'32"W, 11.34 feet to the aforementioned Point of Beginning.
Containing 3,926 square feet or 0.09 acre, more or less.
Prepared by Ayres & Associates 8875 Hidden River Parkway Tampa, Florida 33637 Russell P. Hyatt Florida PSM No. 5303
T ~ ~ I ~ ~ ~fl\Il:L ~B~\
:~~~-i L
BOARD ITEM SKETCH
General Location PROJECT NO. 2003-121-R: Knights Griffin Road Bridge (No. 104803) Parcel 100
and Parcel 104 Section 01 Township 28 South, Range 20 East
Hilisborough County Florida gh County, Florida, lying North and East of the centerline of Flint Creek; LESS the North
68
450 feet of the East 628 feet thereof; and LESS that tract beginning 917 feet West and 450 feet South of the Northeast corner of the Southeast 1/4 of the Northwest 1/4 of Section
1,
Township 28 South, Range 20 East; and run thence West to the centerline of Flint Creek; thence Northwesterly along the centerline of Flint Creek to a point South of the Northwest corner of
the said Southeast 1/4 of the Northwest 1/4; thence North 323 feet to the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 1, Township 28 South, Range 20 East; thence
East a distance of 411 feet; thence South 450 feet to the Point of Beginning; and LESS beginning at a point 450 feet South and 917 feet West of the Northeast corner of the Southeast 1/4 of
the Northwest 1/4 of Section 1, Township 28 South, Range 20 East, for a Point of Beginning; run thence South 150 feet; thence West 220 feet more or less to the center line of Flint Creek;
thence Northwesterly along the center line of Flint Creek to a Point 267.8 feet more or less West of the Point of Beginning; thence East 267.8 feet more or less to the Point of Beginning, and
LESS the East 297.0 feet of the Southeast 1/4 of the Northwest 1/4 of Section 1, Township 28 South, Range 20 East, lying North of Knights-Griffin Road (Knights-ThonotoSasSa Road),
less the North 450.0 feet thereof; and LESS the South 300 feet of the North 450 feet of the Southeast 1/4 of the Northwest V4 of Section 1, Township 28 South, Range 20 East, less the East
603 feet thereof, and less the West 411 feet thereof; and LESS the North 150.0 feet of the Southeast 1/4 of the Northwest 1% of Section 1, Township 28 South, Range 20 East, less the West
411.0 feet thereof, and less the East 603.0 feet thereof; all lying and being in Hilisborough County, Florida. LYING WITHIN the following metes and bounds description: Commencing
at the Southeast corner of said Southeast 1/4 of the Northwest 1/4 of Section 1; thence along the South line of said Southeast 1/4 of the Northwest 1/4 N 89?37'35~ W, 297.01 feet; thence N
00?01'32" E, a distance of 40.00 feet for a Point of Beginning; thence N 89?37'35" W, 294.63 feet to the centerline of Flint creek; thence N 43?52'41" W, along said creek centerline, 18.94
feet; thence leaving said creek centerline S 89?40'12" E, 148.01 feet; thence S 88?47'15" E, 159.78 feet; thence S 00?01'32"W, 11.34 feet to the aforementioned Point of Beginning.
Containing 3,926 square feet or 0.09 acre, more or less.
Prepared by Ayres & Associates 8875 Hidden River Parkway Tampa, Florida 33637 Russell P. Hyatt Florida PSM No. 5303