SUBORDINATION OF UTILITY INTERESTS - PARCEL 103.5
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THIS AGREEMENT, entered into t.his 30th day of July ,r':> ,>
19 86 , by and between the STATE OF FLORIDA DEPARTMENTOF TRANSPOHTATIO~t',-' ::~,~
hereinafter called Department, and City of CITY OF CLEAR\~ATER, hereinaft&;~ ""'""'~'
called City. o:":~
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This instrument prepared and
legal description approved
Date: 06-09-86 By: J. W. Dunsford 0,'
City: Bartow, Florida ,;/1
State of Florida (:
Department of Transportation
PARCEL NO. 103.5
SECTION 15150-2550
STATE ROAD 55(US 19)
COUNTY Pinellas
SUBORDINATION OF UTILITY INTERESTS
WIT N E SSE T H:
WHEREAS, the City 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 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 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 t of the Northeast t of Section 31, Township 28 South, Range
16 East, Pinellas County, Florida.
Being described as follows:
Commence on the Northerly boundary of Secti6n 31, To\'mship 28 South, Range
16 East at a point 1,275.00 feet North 89035'37'1 East of the Northwest
corner of the Northeast t of said Section 31; run thence South 43005'23"
East 987.35 feet to the beginning of a curve concave to the Westerly having
a radius of 2,864.79 feet; thence run Southerly along said curve 1,209.89
feet thru an angle of 24011'52" to the end of said curve; thence South
61057'36" West 101.34 feet for a point of 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 18033129" West run Northwesterly along said
curve 255.01 feet thru an angle of 0501?'0511 to the end of said curve;
thence South 61057'36" West 40.10 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 23046'51" East run Southerly along said curve 255.07 feet
thru an angle of 05021'48" to the end of said curve; thence North 61057'36"
East 40.56 feet to the point of beginning.
Less existing rights of way.
Containing 10,202 square feet, 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 follm't'ing:
Nature of Date
Encumbrance
From or Against
In Favor of
Recorded
Book Page
Easement
7-24-74 U.S. Homes of
) F1Qrl.'da, Inc.
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City of
Clearwater
OR 4i99
Pg. 1637
. PARCEL 103.5
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O.R.C304 P,'GE 182
PROVIDED that the following rights are reserved to City:
1. The City shall have the right tb construct, operate, maintain,
improve, add to, upgrade, remove, and relocate facilities on, \vithin, and
upon the lands described herein in accordance with the Departmerlt's current
minimum standards for such facilities as required by the State of Florida,
Department of Transportation, Utility Accommodation 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 faci 1 ities 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 Ci ty sha 11 have a reasonable ri ght to enter upon the 1 ands
described herein for the purposes outlined in paragraph 1 above, including
the right to trim such trees, brush, and growth which migllt 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.
Executed in our presence
as vIi tness~sj
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STAT OF FLORIDA
COUNTY 0 F POLK
By
a t Secretary
I
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The foregoing instrument was acknowledged before me this
day of August , 198-L_, by W. R. Trefz
Deputy Ass i stant Secretary for Di stri ct One
13th
f
'':.(< .:,",' I'"" '.
Notary Publ ic ;~
State of Florida
~ly Commission Expires:
:;'J!,lli ,,,:,Iio: Stale of FloridJ at LalrCi
!i. '. "',Ii'-~lllll E>:pirts Sept 8, BiD
STATE OF FLORIDA
COUNTY OF PINELLAS
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, Cny Atto:rey (1-
Signed, sealed and delivered
in our presence as witnesses:
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PARCEL 103.5
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O.R.C304 P~GE 163
BEFORE me personally appeared Kathleen F. Kelly. M. A. Galbraith.Jrand
Cynthia E. Goudeau ,to me well known, and known to be
the individuals described in and who executed the foregoirlg instrument as
Ma yor /Commissioner. City Attorney. Ci~lyerkrespecti ve ly, 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 offi c i al sea 1 thi s
July 19 86
30th
day of
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State o;f Fl ~~i <1f j ~,:.:;./,/" i . . , .-
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PARCEL 103.5
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