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SUBORDINATION OF UTILITY INTERESTS - PARCEL 105.5 .. ." - -, ...' ., . , ~ .' ", ) . - I L fl 2 () ~ () I Z d ...1 .:~ . - :]- ) ~1 z ; J: ~ Ju>] 15 )N (}tfJ :: ~a:r 2d)1O- l. snJl )d<i:() ~ 0:.. Z ;J , ;:: .!.. :5 V ,- I- I 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: \ City subordinates any and all of its interests in the lands described as follows, to wit: ~ 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. -:"~ Zf1l r:"1:::::' ~.:><. ;:~ '.'1-4 "";',,;1:,;. ""I~ ,;,; C> .':"; :..... (") r Sf P ,~ t ..~.'- r-'~' ~::i :I;: ;~,~ f;;':C S" ::1.1 -'. 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 , j 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 eo ; FiJl a)LC-c..) 46 Pes _ /")?O/l/ "-1-:(",.,, /- " Total - .~:;;- c/: .......J'_.JU-'/l,..." !,/// ,/ ,~~ / ", <:J r .. " ~,' ...., .. . -, ", ,. "I, .It:., . " I I O.R.G304 PHG[ 171 ~'. ,. "'- 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. i 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 (~u:f ~nLIt-<8~ il ( ". ( By ( \ ',-. 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 , // I N1J // ~ f,.0 (t?-~-L-..t-f::I'-' Notary Public S~ate of Florida My Commission Expires; 13 t1r<.' 'X.!' ~'\1ZI'~ " ;Jrk;l." .~ " '" ' , , ."j"'r.' r I. of- ;:......, II ' . ~.., ,:,(., ';J " ,~':' >",: ;,~, ::,~ ,rJ ,- " " ,_,:1 '. Notary Public. StHterrl'Florilla at larg(~ My C ,.:' "i" ~>. ~- (')"res S[;:t. 8. lUa..q Signed, sealed and delivered in our presence as witnesses: ~Q~ C~ '(2.ry) (;)1:3. k ./://1'1,t.J / 1(' ,j, OJ1-r0"l'./i q ./ ~ '~'~I "~ 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"';' " ,'o~) ..... ~~~~.\. State of F1orida~/< . l.Lr/ .,i~ My Commission Expires';', I . ' , ~ . , . . 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 Page 2