SUBORDINATION OF UTILITY INTERESTS - PARCEL 105.5
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86~996~b I
O.R.C304 P~GE 1,'0
This instrument prepared and
legal description approved
Date: 06-09-86 By: J. W. Dunsford{)
Ci ty: Ba rtow ~ Flori da /~{P
State of Florlda vU
Department of'Transportation
PARCEL NO. 105.5
SECTION 15150-2550
STATE ROAD 55(US 19)
COUNTY Pi ne 11 as
SUBORDINATION OF UTILITY INTERESTS
THIS AGREEMENT, entered into this 30th day of July ,
19 86, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called Department, and City of CITY OF CLEARWATER, hereinafter
called City.
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:
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City subordinates any and all of its interests in the lands described
as follows, to wit:
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IIThat part of the Northeast One-quarter of Section 31, Township 28 Southp
Range 16 East, Pinellas County, Florida,described as follows: From the~
Northeast corner of the Southeast One-quarter of Section 31, Township 28
South, Range 16 East; run thence North 8904613911 West, along the East-Westt.
center line of said Section 31, 762.96 feet; thence North 0003'1611 East,~~
1135.88 feet; thence North 62041'0211 East, 373.76 feet to the Westerly::""
Right-of-Way of U.S. Highway No. 19; thence along a curve to the Right, =~
whose chord bears South 27050'0111 East, 42.17'feet, Arc 42.17 feet and cO
Radius 2764.91 feet, along said Westerly Right-of-Way for the point of 0'")
beginning; thence continue along the Westerly Right-of-Way of U.S. Highway
19, along a curve to the Right, whose chord bears South 25031146" East,
180.18 feet, Arc 180.21 feet and Radius 2764.91 feet; thence South
62009~1611 West, 326.89 feet; thence North 24036'4411 West, 200.32 feet;
thence North 6200911611 East, 258.0 feet; thence South 24045'4411 East, 20.0
feet; thence North 6200911611 East, 65.96 feet to the point of beginning.1I
Less existing rights of way.
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Containing 1.467 acres, 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
Encumbrance Book Page
Easement 7-24-74 U.S. Homes of City 0 f OR 4199
Florida, Inc. Clearwater Pg. 1637 ,
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PROVIDED that the following rights are reserved to City:
1. The City shall have the right to construct, operate, maintain,
improve, add to, upgrade, remove, and relocate facilities on, within, and
upon the lands described herein in accordance with the Department's current
minimum standard~1t9.f9~~ilities as required by the State of Florida,
PARCEL 105.5 40~7~~' Page 1
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O.R.G304 PHG[ 171
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Department of Transportation, Utility AC:commodation Guide, dated July,
1979. Any new construction or relocatidn of facilities within the lands
will be subject to prior approval by the Department. Should the Department
fail to approve any new construction or Irelocation of facilities by the
City or require the City to alter, adju~t, or relocate its facilities
located within said lands, the Departmen't 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 herein for the purposes out1i~ed in paragraph 1 above, including
the right to trim such trees, brush, an~ 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.
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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 p,aragraphs 1 and 2 above.
IN WITNESS WHEREOF, the parties her~to have executed this agreement on
the day and year first above written.
Executed in our presence ~STATE OF FLORIDA DEPARTMENT
as witnesses: OF TRANSPORTATION
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By
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STAT OF FLORIDA
COUNTY OF POLK
The foregoing instrument was acknowledged before me this
day of August, 19 86 :, by W. R. Trefz
Deputy Assistant Secretary for District; One
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Notary Public
S~ate of Florida
My Commission Expires;
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Notary Public. StHterrl'Florilla at larg(~
My C ,.:' "i" ~>. ~- (')"res S[;:t. 8. lUa..q
Signed, sealed and delivered
in our presence as witnesses:
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C~ '(2.ry) (;)1:3. k
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STATE OF FLORIDA
COUNTY OF PINELLAS
City Attorn y
BEFORE me personally appearedKFlt-hlpPIl F' Kplly . '. ' and
Cynthia E. Goudeau , to me well known, and known to be
the individuals described in and who executed the foregoing instrument as
Mayor and City Clerk respecti ve1y, of the:above-n(irried
City and that the seal affi xed to the foregoi ng instrument i sthe City-,;:$ea 1
of said City and the said instrument is the free act and deed:of sai~~.:tity.
. , . , .
WITNESS my
SJ~~
hand and official seal this
19~
dpa day of .~'d"';'
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State of F1orida~/< . l.Lr/ .,i~
My Commission Expires';',
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Notapl Pllblil, 51..1le ()f Florida "11 ..' , ,
My Commission Expires July 22, 1981f
io~dcd lhl\~ Tloy rain -In:ourancQ, In~ .-i&ol.
PARCEL 105.5
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