SUBORDINATION OF UTILITY INTERESTS - PARCEL 102.4
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This instrument prepared and
legal description approved
Date: 06-27-85 By: J. W.
City: Bartow, Florida
State of Florida
Department of Transportation
Duns ford
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PARCEL NO. 102.4
SECTION 15150-2550
STATE ROAD 55 f US 19
COUNTY Pinellas
SUBORDINATION OF UTILITY INTERESTS
THIS AGREt:r-lENT, entered into this
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day of
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19 ,5=~ , by and between the STATE OF FLORIDA DEPARTMENT OF TR1~NSPORTATION,
hereinafter called Department, and City of Clearwater, Florida, hereinafter
called City.
WIT N E SSE T H:
WHEREAS, the City presently has an interest in certain lands that have
been dete~JTIined 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 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 faciiities so 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 all of its interests in the lands described
as follows, to wit:
That part of:
RIGHT OF WAY
The Southeast ~ of the Northeast ~ of Section 31, Township ~8 South, Range
16 East, Pinellas County, Florida.
Being described as follows:
Commence on the Northerly boundary of Section 31, TowTlship 28 Soutb, Range
16 East at a point 1,275.00 feet North 89035'3," East or the Northwest
corner of the Northeast ~ of said Section 31; run thence South 43005'23"
East 987.35 feet to the beginning of a curve concave to the vJesterly having
a radius of 2,864.79 feet; thence run Southerly along said curve 1,379.66
feet thru an angle of 27035'36" to the end of said curve; thence South
61057'36" West 102.54 feet for a point or beginning and the beginning of a
curve concave to the Westerly having a radius of 2,764.79 feet; thence from
a tangent bearing of North 15002'06" West run Northwesterly along said
curve 170.00 feet thru an angle of 3031'23" to the end or said curve;
thence South 61057'36" West 40.56 feet to the beginning of a CU~le concave
to the Westerly having a radius of 2,724.79 feet; thence from a tangent
bearing of South 18025'03" East run Southerly along said curve 170.10 feet
thru an angle of 3034'36" to the end of said curve; thence North 61057'36"
East 41.07 feet to the point of begirlning.
Less existing rights of way.
PARCEL 102.4
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Page 1
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Containing 6,802 square, teet, more or less.
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:
Nature of Date From or Against In Favor of Recorded
Ellcurnbrance Book Page
Easement 7-24-74 U. S. Home of City ot 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 facilities 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
olootric 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 ac~uiring 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 1 above,
including the right to trim such trees, brush, and growth which might
endanger or interfere with such facilities, provided that such rights do
not interfere with the operatlon and safety of the Department's facilities.
3. The City agrees to repair any damage to Department facilities and
to indennify the Department against any loss or damage resulting from the
City exercising its rights outlined in paragraphs 1 and 2 above.
IN WITNESS wnEREOF, the parties hereto have executed this agreement on
the day and year first above written.
PARCEL 102.4
Page 2
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Signed, sealed and delivered
in our presence as witnesses:
STATE OF FLURIDA DEPARTMENT
OF TRANSPOR'l'ATION
By
Director of Preconstruct ion
and Design
STATE OF FLORIDA
City OF
The foregoing 'instrument was acknowledged before me this
day of , 19 , by William F. Ventry, Director of
Preconstruct ion and Design.
Notary Publ ic
State of Florida
My Commission Expires:
Countk1;slgned
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Approved as to fom ,.>/
and correctness:
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STATE OF FL~IDA
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County OF PINEL~S
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BEFORE t-m perso
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, to me
the individuals descrio d in and who executed
President and
of the above-named City an that the seal affixed to
instrID~ent is the corporate ~~al of said corporation
instrument is tbe free act an~deed of said City.
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WITNESS my hand alJd official's,eal this
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appeared
and
well known, and known to be
the foregoing instrument as
Secretary
the foregoing
and tbe said
day of
Notary Public
State of Florida
My Commission Expires:
PARCEL 102..4
Page j
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally ar-peared Anthony L. Shoemaker, Frank
Kowalski, Cynthia E. Goudeau and Kathleen F. 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 and Mayor-Commissioner 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 cay of August,
1985.
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Notary Public
State of Florida
My Commission Expires:
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PARCEL 102.4
Page 4
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