SUBORDINATION OF UTILITY INTERESTS - PARCEL 101.2
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TC': C Y n die G 0 u d e au, C i t Y C 1 e r k
FROM: William C. Baker, Director Public Works
COPIES:
SUBJEC~ SUBORDINATION or UTILITY INTERESTS
DATE: December 12, 1985
Attached is a recorded copy of the SUBORDINATION or UTILITY
INTERESTS between the City of Clearwater and the Florida
Department of Transportation for your files.
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WCS/WJS/ae
Attachment
RECEIVED
DEe 1 S 1985
CITY CLERK
I Department of Irransportation
BOB GRAHAM
GOVERNOR
PAUL N. PAPPAS
SECRETARY
Post Office Box 1249
Bartow, Florida 33830
December 2, 1985
~..r. william Baker
Rublic 0 Works Director
City of' Clearwater
900 O1estnut Street
Clearwater, Florida 33516
Section: 15150-6549
County: Pinellas
W.P. 1. # 1116632
Parcel: 1
(R/W 2;645
Dear Sir:
In reference to the aOOve project, I am enclosing a fully executed
copy of the subordination, parcels 101.2
executed by the Department of Transportation.
Please keep your copy of the instrurrent for your records.
Thank you for your cooperation, and if we can be of any further
assistance, please advise.
:Z~lY' !Jt
-/ ~isr:f~:::eer
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cc: Betty Smith
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DEe 5 1985
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This instrument prepared and
legal description approved
Date: 09-14-84 By: D. J. Tracy
City: Bartow, Florida
State of Florida
Department of Transportation
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Po~, 4112.
.tal ,t.:z, (V), THIS AGREEMENT, entered into this 15 A day of ):10 ~
f 19~, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
~ hereinafter called Department, and City of Clea~/ater, hereinafter called
V\, City.
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PARCEL NO. 101.2
SECTION 15150-2545
STATE ROAD 55, US 19
COUNTY Pinellas
SUBORDINATION OF UTILITY INTERESTS
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WIT N E SSE T H:
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WHEREAS, the City presently has an interest in certain lands that have
been determined necessary for highway purposes; and
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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
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~A g relocated if necessary to prevent conflict between the facilities so that
~~ the benefits of each may be retained.
WHEREAS, the Department is willing to pay to have the City's facilities
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
Vacated Block 20 & adjacent vacated street, Unit No. 1 - Section B,
Chautauqua, in the Northeast! of Section 31, :uwnship 28 South, Range 16
East, as per plat thereof recorded in Plat Book 9, Page 57, as per Public
Records of Pinellas County, Florida & that part of the Southeast i of
Section 30, Township 28 South, Range 16 East.
Being described as follows:
Commence on the Southerly boundary of Section 30, Township 28 South, Range
16 East, at a point 1275.00 feet North 89035'37" East of the Southwest
corner of the Southeast I of said Section 30; run thence North 43005'23"
West 66.82 feet; thence South 46054'37" West 140.00 feet (running from said
Section 30 into Section 31, Township 28 South, Range 16 East) to a point of
beginning; continue thence South 46054'37" West 7.00 feet; thence North
43005'23" West 240.00 feet (running from said Section 31 into said Section
30); thence North 46054'37" East 7.00 feet; thence South 43005'23" East
240.00 feet (running from said Section 30 into said Section 31) to the
point of beginning.
Less existing rights of way.
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Containing 1680 square feet, more or .J~S.;..~.;' .~-.\.....
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PARCEL 101.2
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Page 1
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o.R.6 1 :1. 9 P~GE 2 3 5
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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:
Nature of Date From or Against In Favor of Recorded
Encumbrance Book Page
Easement 5-24-76 U.S. Homes of City of OR 4448
Florida, Inc. Clearwater Pg. 110
Corrective 10-31-77 II II II II II II OR 4638
Easement Pg. 1810
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 "All, in accordance with the
Department1s 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
. ~ectfie facilities by the City or require the City to alter, adjust, or
,tl~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 IIAII 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 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 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.
PARCEL 101. 2
Page 2
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O.R. 61 :1. n PAGE
236
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Signed, sealed and -aelivered
ln our presence as witnesses:
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
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By
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STATE OF FLORIDA
COUNTY OF ~
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The foregoing instrument was ackowledged before me this
/5-r:l.. day of)l7p/~k, 1985, by W. W. Giddens, ~...., Director
of Preconstruct ion and Design.
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Notary Public ~i .' -. r.'.",
State of Florid"a>.""' '_'.....:.^I.J...~~.... o. '.">";.
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My,Conunission;ExpI:r;e,,'f?,:8! ;-. .....\',..
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My C"".~:l".vr. <-<':.0\-" ;.J!L 14, 19&9 ~.:, tei!:.".
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City Att
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Approved as to for
and coyrectness:
STATE OF FLORIDA
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COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this~day Of()(E{-obec
1985, before me personally appeared Anthony L. Shoemaker, M. A.
Galbraith, Jr., Cynthia E. Goudeau and Kathleen F. Kelly, respectively
Ci~y Manager, City Attorney, City Cleyk and Mayor-Commissioner of
the City of Clearwater, Florida, to me known to be the individuals
and officers described in and who executed the foregoing instrument
and severally acknowledged the execution thereof to be their fre~
act and deed as such officers ~hereunto duly authorized, and that
the official seal of said municipal corporation is duly affixed
thereto, and the said conveyance is the act and deed of said
corporation.
WITNESS my signature and official seal at Clearwater in the
County of pinellas and Stae of Florida, the day and year'lasf
above 'IIni tten. "
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PARCEL 101.::
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Attorney' O.o:L
pa.ge 3
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