SUBORDINATION OF UTILITY INTERESTS - DRAINAGE EASEMENT SEC 31-29-16 PINELLAS GROVES - PARCEL 802.4
.INST'~ S':I.-:l,5730/
JUN 13, 1991 4:27PM
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,:, ..F'./',N/:::LLAS COUNTY FLI\,
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nEcon'l'tjQ,
CCT \oC.ifu"";!tbis ins trumen t prepared and
--- !VJ.JUegal description approved
nEe \5""CtLPllte: 03-05-91 By: Duane J.
FEES ,....._,..Cjty: Tampa, Florida
MTE S.tate of Florida
rTG ... _ _.._~partment of Transportation
PiC
DOC ..,._,__F..9rm 7422-11.1
IIJT SUBORDINATION OF UTILITY INTERESTS
JOT AL
\ C;-oo THIS AGREEMENT, entered into this 6~ day of -k.1.) e
~ 1?ol~9~, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
U' hereinafter called Department, and CITY OF CLEARWATER, hereinafter called
Utility.
MilkoA
PARCEL NO. 802.4
SECTION 15030-2524
STATE ROAD 686
COUNTY Pinellas
WIT N E SSE T H:
1~IEREAS, the Utility 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 Utility to
the Department; and
l~IEREAS, the Department is willing to pay to have the Utility's
facilities relocated if neceRRary 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, Utility nnd Department agree as follows:
Utility subordinates
described as follows, to'
. " .
any and all of its interests in the lands
wit:
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DISTAlCT VII R/W OI'TIl~
mJ VI. KEfIlHBJ~' DLvD.. Ue. tlOO
TAIYWA, FlORlIJA :~.1lI
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DRAINAGE EASEMENT
A 15' DltAINAGE EASEMENT being part of Lot 3 located in the Northeast
quarter of the Southwest quarter of Section 31, Township 29 South, Range
16 East according to the map of Pinellas Groves, as recorded in Plat Book
1, Page 55 of the Public Records of Pinellas County, Florida.
Being described as follows:
Commence at an irOll rod with LB-2 cap marking the Southwest corner of the
Northeast quarter of the Southwest quarter of said Section 31; thence
North 00057'33" West along the west line of the Northeast quarter of the
Southwest quarter of said Section 31 a distance of 1343.43 feet to a PK
nail and LB-2 disc marking the northwest corner of the Northeast quarter
of the Southwest quarter of said Section 31; thence South 88055'59" East
along the east-west centerline of said Section 31 a distance of l02.78
feet; thence South 01004'01" West a distance of 63.00 feet to a point on
the South right-of-way line of S.R. 686 (East Bay Drive) said point also
being the POINT OF BEGINNING; thence South 01004'01" West a distance of
460.00 feet to a point on the north boundary line of WOODSIDE VILLAGE
CONDOMINIUM as recorded in Condominium Plat Book 34, Page 79 of the Public
Records of Pinellas County, Florida; thence North 88"55'47" West along
said north boundary line a distance of 15.00 feet to a point; thence North
01004'01" East a distance of 460.00 feet to a point on south right-of-way
line of S.R. fiRfi (East Ray Drive); thence South 88"56'00" East along said
right-of-way line a distance of 15.00 feet to the POINT OF BEGINNING.
Containing 6,900 square feet more or less.
to the interest of the Department, its succes~ors, 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 t, ~.7:.. /.11'--.. /J'/
claim of interest based on the following: tJ~.a'l ( {/
PARCr:L 802.4
1(1\I',1...I::E.N I". t~[HU',KI~~'
RECORD VERI~l~D Bl.
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,'.JI.N[I..,I..,i\" COUNTY FI.,~I.
OFF.REC.BK 7596 PG 270
Nature of Date From or Against In Favor of Recorded
Encumbrance Book Pagf~
Easement 03-31-77 James J. Pope, City of O.R. Book 4540
Trustee Clearwater Page 42
PROVIDED that the followIng rights are reserved to Utility:
1. The Utility shall have the right to conGtrnct, operate, maintain.
improve, add to, upgrade, remove, and relocate facilities on, within, and
upon the lands described herein in accordancE' wi th the Department f s cury(mt
minimum standards for such facilities as required by the Srate of Florida,
Department ,of Transportation, Utility Accommodation Guide, dated July,
1979. Any new construction or relocati.on of facilities within the lands
will be subject to prior npproval by the Department. Should the Department
fail to approve any new construction or relocat:ton of facilities by the
Utility or require the Utility to alter, adjust, or relocate its facilities
located within said lands, the Department hereby n~reQS to pay the cost of
such alteration, adjustment, or relocation, including, but not limited to
the cost of acquiring appropriate easements.
2. The Utility shall have a reasonable dght to enter upon the la.ndR
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 thar such rights do not interfere
with the operation and safety of the Department's facilitieR.
3. The Utility agrees to repair any damage to Department facilities
and to indemnify the Department against any l"s~ or damage resulting from
the Utility exercising its rights outlined in paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the parties hereto have exec.uted this agreement 00
the day and year first above written.
Signed, sealed and delivered
in our presence as witnesses:
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STATE
OF TR
By
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Director of Production
for Distric.t ___J__
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Attorney
(~la/)'J7 ( /1',,/
Department
STATE OF FLORIDA
COUNTY OF
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,Tn e fore
day of
Director. 0
nil, instrument was jlfknowledged before me this ~I('~""" ; >' '0'
_ , 19 '1 / , 1ry -:::X5 h ," F .--,-,-~n" Ie " "
ro uction for District r{ . . ~',~ :,r )~:'?' _'I'.,
gr-/h,p':Vi.../ /1/, 7f~:? ,,>,,,..','
Notar/ Public .: '..,.:....~.~ ", ..",.
State of Florida ' ".. f'
My Commission Expires:
NOTArPf rucLlc; t.Tl\TI: OF- r;l.oitHJs.\ ...\T l:\l~.G!:
M" COMMISSrOrJ a=xr':R.t':S MARCH (Jg~ 19"4
BONDt:> TllRU J\GENT'S NOTARY ORCKEltAGli
sealed and delivered
See Page 3 for signature of Utility
in our prese
witneRr:es:
-J1t:e'sident
-.._----~---,_.
ATTEST:
"-(SEAL).,
Secretary
PARCEL 802.4
PAGE 2
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~')~!~~LLAS COUNTY FLA.
I .hf:.C.[<h 7";96 1_'(" ,
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c~un~lned: "
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Rlta Garvey
Mayor-Commissioner
Approved as to form
and correctness:
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By:
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STATE OF FLORIDA
COUNTY OF PINELLAS
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BEFORE ME personally appeared Rita Garvey, Michael J. Wright, 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.
WITNESS my hand and official seal this
7 -f-I: day of May, 1991.
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PARCEL B02.4
PAGE 3