SUBORDINATION OF UTILITY INTERESTS - WATER STORAGE AREA SEC 31-29-16 PINELLAS GROVES - PARCEL 106.2
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~QQ+~his instrument prepared and
..'Pi.1Legal description approved Ii
\~CO.Date: 03-13-91 By: Duane J. MilkG>>"
-,.._,... -City: Tampa, Florida
-,.,Sta te of Florida
. _._.-u..-.-~Departrnent of Transportation
PARCEL NO. 106.2
SECTION 15030-2524
STATE ROAD 686
COUNTY Pinellas
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SUBORDINATION OF UTILITY INTERESTS
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ror,1.L THIS AGREEMENT entered into this 5" day of -.hI r-:, c.
l5?g:!,19 -2L, by and be~ween the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
~~ hereinafter called Department, and City of CITY OF CLEARWATER, hereinafter
1)' called City.
WIT N E SSE T H:
WHEREAS, the City presently has an interest in certnin lands that have
been determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will
require subordinati.on of the interest clnimed 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 ~o 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 aJ r of its interests in the' lands described
as follows, to wit:
WATER STORAGE AREA
That portion of the East 215 feet of the North 400 feet of Lot 5, PINELLAS
GROVES, in Southeast Quarter Section 31, Township 29 South, Range 16 East,
according to map or plat thereof as recorded in Plat Book 1, Page 55,
Public Records of Pine11as County, Florida.
Being described as follows:
Commence at a 4" x 4" concrete monument marking the Northwest corner of
the Southwest Quarter of the Northeast of said Section 31; thence South
01041'42" East along the north south centerline of said Section 31 a
distance of 1340.11 feet'to a railroad spike marking the center of said
Section 31; thence South 88055'59" East along the east west centerline of
said Section 31 a distance of 824.43 feet; thence South 01047'32" East a
distance of 32.98 feet to a point on the south right-of-way line of State
Road 686 (East Bay Drive), said point being the POINT OF BEGINNING; thence
South' 88054'51" East along said right-of-way a distance of 170.25 feet to
the Boundary Line of Roosevelt Highlands as recorded in Plat Book 33, Page
84, filed March 16, 1954 in Public Records of Pinellas County, Florida:
thence South 01050'58" East along said boundary line a distance of 366.94
feet to the boundary line of NEW-PORT UNIT NO. I as recorded in PInt Book
53, Pages 59 thru 63 filed September 3, 1959 in Public Records of Pinel1as
County, Florida: thence along said boundary North 88055'59" West a
rlistnnce of 214.39 feet; thence North 01052'59" West a distance of 180.02
feet; thence leaving the houndary of said NEW-PORT UNIT NO. I SlIbdlvisi.nn
North 88008'53" East a distance of 44.00 feet; thence North 01047'32" West
a distance of 184.73 feet to the POINT OF BEGINNING. /
j,.' 1......../
LESS existing right-of-way. r.~\mll'o' VIf 'N'W '!l:'fAJ'lt
,~..) ~ ~~~]" llI..~\~. ..ft. Ciliif)'
Contai.ning 1. 616 Acres more or less. '..~ !,l'>~.H.J"i:',4 :~tlli
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to the interest of the Department. its successors, or assigns, for the
purpose of constructing, improving, maintaining and operating a road over,
through, upon, and/or across such lands, including but not limited to. the
claim of interest based on the following:
PARCEL 106.2
KARLEEN F. DEBLAKER
RECORD VERIFIED BYI'
CLE;:~I\
(J)::-
PAGE 1
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. I" .tln:.L1mAS COUNTY I"LA.
OFF~REC.BK 7596 PG 267
Nature of Date From or Against In Favor of Recorded
Encumbrance Book Page
Easement 07-29-80 Hoss Funeral City of O.R. Book 5067
Home, Inc. Clearwater Page 777
PROVIDED that the followIng rights are reserved to City:
1. The City shall have the right to construct, op~rate, 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 Hay, 1990.
Any new construction or relocation of facilities within the lands will be
subject to prior approval hy the Department. Should the Department fail to
approve any new. construction or relocation of facilities by the City or
require the City to a1t~r, adjust, or relocate its facilities located
within said lands, the Department hereby agr~~s 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 Buch 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 facUitieB.
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 parties hereto have executed this agreement on
the day and year first above written.
Executed in our presence
as witnes ses :
STATE
OF T
\[\ Vl\'-~O~_
By
Director ~f Production
for District V1I
~d!c/l1 / A'L~:m~'/17
Approved as to Form, Execution,
and Legality:
1- " i ' .'
(;(l-I )U;'{ [./l.-( t'-rJ)t/fA1ef'-'
Department Attdrney
STATE OF FLORIDA
COUNTY OF
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before me thiS':Z'~" ....37;;..W
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State of Florida
My Commission Expires:
The for~ instrument was a~nowledged
day of , ~ ' 19 '1/ ,by
Director ~f Production or District VII.
NOT^RY punuc:, sr.\T!! or FLORIDA .~T LARGa
MY COMMISSION EXPI:U'S: MARCH 09, 1 'J94
BONDED fHRU AGENI'S HOT All'( 1lI!O~GRAGq
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PARCEL 106.2
PAGE 2
.
~~t'INi:.LLM; COUNTY FU"
OFF,REC,BK 7596 PG 268
FLORIDA
By:
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M1C ae J't 9 t." .'
.."C'ity Manil-9 1':".>,.,' .
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BEFORE ME personally appeared Rita Garvey,' Michael J. Wriijht, M. A.
Galbraith, Jr., and Cynthia E. Goudeau, to me well known, and known: by me to be
the individuals described in and who executed the foregoing instrument as Mayor-
Commissioner, City Manager, City Attorney and City Clerk, respectively, of the
above-named City and that the seal affixed to the foregoing instrument is the
City seal of said City and the said instrument is the free act and deed of said
City.
~.
Approved as to form
and correctness:
STATE OF FLORIDA
COUNTY OF PINELLAS
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WITNESS my hand and official seal this 11i.
day of May, 1991.
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,. Notary p: . r'~,
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'My~pm~is'slOd E~ires:
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::-~Q)I'~r":i'iili~.:Sjate of Fiorid.
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M~.'omniission Expires April 20, 1993
,IIOl1dodThru TrilyhlnoJnlUtllnCa Ine.
PARCEL 106.2
PAGE 3