SUBORDINATION OF UTILITY INTERESTS - PARCEL 100.8
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This instrument prepared and
legal description approved
Date: 06-27-85 By: J. W.
City: BaLtow, Florida
State of Florida
Department of Transportation
Dunsford
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icY Y
PARCEL NO. 100.8
SECTION 15150-2550
STATE ROAD 55, US 19
COUNTY Pinellas
SUBORDINATION UF UTILITY INTERESTS
THIS AGREEMEnT, entered into this
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day of
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19 ,':' , by and between_the STATE OF FLORIDA DEPAH'l'11ENT OF TRANSPORTATION,
hereinafter called Department, and City of Clearwater, Florida, hereinafter
called City.
WIT N E SSE T H:
vrfiEREAS, the City presently has an iDterest in certain lands that bave
been determined necessary for highway purposes; and
W~EREAS, the proposed use of these lands for highway purposes will
require subordination of the interest clair~ed in such lands by City to the
Department; and
WH~REAS, 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.
Nav, 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 interests in the lands described
as follDws, to wit:
Tbat part of:
RIGHT OF WAY
The Southeast ~ of the Northeast ~ and the Northeast ~ of the Southeast ~
of Section 31, Township 28 South, Range 16 East, Pinellas County, Florida.
Being described as follows:
Comroence on the Uortherly boundary of Section 31, Township 28 South, Range
16 East at a point 1,275.00 feet lJo~th 89035'37" East of the Northwest
corner of the Northeast ~ of said Section 31; run thence South 43005'23"
East 98/.35 feet to the beginning of a curve concave to the viesterly having
a radius of 2,864.79 feet; thence run Southerly along said curve 1,864.53
feet thru an angle of 37017'26" to the end of said curve; thence North
89058'19" West 100.54 feet for a point of beginning; continue thence No~th
89058'19" ~iest 40.23 feet to the beginning of a curve concave to the
Westerly having a radius of 2,724.79 feet; thence from a tangent bearing of
South 6005'59" East run Southerly along said curve 35.52 feet thru an angle
of 0044'49" to the end of said curVE; thence South 58025'36" East 24.97
feet to the beginning of a curve concave to the Westerly having 2 radius of
2,744.79 feet; thence from a tangeDt bearing of South 05002'23" East rUD
Southerly along said curve 232.88 feet thru a central angle of 4051'41" to
the end of said curve; thence South 0010'42" East 549.28 feet; thence North
89049'18" East 20.00 feet; thence North 0010'42" viest 549.28 feet to the
beginning of a curve concave to the ~lesterly having a radius of 2,764.79
PARCEL 100.8
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feet; thence run Northerly along said curve 281. 44 feet thru an angle of
5049156" to the end of said curve and the point of beginning.
Less existing rights of way.
Containing 17,457 square feet, more or less.
to the interest ot 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:
Nature of Date From or Against In Favor of Hecorded
Encumbrance Book Page
Easement 7-24-74 u. S. Home or City of OR 4199
Florida, Inc. Clearwater, Pg. 1637
Florida
PROVIDED that the following rights are reserved to City:
1. City shall have the right to construct, operate, maintain, improve,
add to, upgrade, remove and relocate any utility and drainage lines on,
within, and upon the lands described in Exhibit "A", in accordance with the
Department's current minimum standards for such faci~ities as required by
the State of Florida, Department of Transportation, Utility Accomodation
Guide, dated July, 1979. 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
electric 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 in Exhibit "A" for the purposes outlined in paragraph labove,
inclUding the right to trim such trees, brush, ana growth which night
endanger or interfere with such facilities, provided that such rights do
not interfere \vith 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 loss or dmoage resulting from the
City exercising its rights outlined in paragraphs 1 and 2 above.
PARCEL 100.8
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IN WITNESS vlliEREOF, the parties hereto have executed this agreement on
the day and YEar first above written.
Signed, sealed and delivered
in our presence as witnesses:
STATE UF FLORIDA DEPARTIvlENr.J.'
OF TRANSPORTATION
By
Director of Preconstruction
and Design
S'TATE OF FLORIDA
City OF
The foregoing instrument was acknowledged befo:::-e me this
day of , 19 , by Willian F. Ventry, Director of
Preconstruct ion and Design.
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Cou t~signed 7 t
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/11ayor-Corrunissioner /
Approved as to form /~~
and correctness:
By
ATI'EST:
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J_,,;M~,-- C. / ~,,-----J-,--,,--=_
ACTING City Clerk
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City Attorney ACTING
STATE OF FWRIDA
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County OF PIN~ I. __ [c~
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BEFORE ME pe onally appeared and
, to me well known, and known to be
the individuals oeser' ed in and who executed the foregoing instrument as
President and Secretary
of the above-named City an~hat the seal affixed to the foregoing
instrument is the corporate al of said corporation and the said
instrument is the free act an eed of said City.
VlITNESS my hand and Officia~~hiS _
19. ~
Notary Public
State cir Florida
My Commission Expires:
day of
PARCEL 100.8
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Anthony L. Shoemaker, Frank
Kowalski, Cyntnia E. Goudeau and Kathleen ? Kelly, to me well
known, and known to be the individuals described in and who executed
the foregoing instrument as City Manager, Acting City Attorney,
Acting City Clerk ana Mayor-Co~~issioner of the above-named City
and that the seal affixed to the foregoing instrument is the
corporate seal of said corporation and the said instrument is the
free act and deed of said City.
WITNESS my hand and official seal this 12th day or August,
1985.
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Notary P;lblic
State 0'1 Flo:r-ida
M~ Commiss~on ?~p~res:
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PARCEL 100.8
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