SUBORDINATION OF UTILITY INTERESTS - PARCEL 103.2
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This instrument prepared and
legal description approved
Date: 06-09-86 By: J. W. DunsfordO'
Ci ty: Bartow, Flori da '. ltl
State of Florida l.j
Department of Transportation ~
PARCEL NO. 103.2
SECTION 15150-2545
STATE ROAD 55(US 19)
COUNTY Pine11as
SUBORDINATION OF UTILITY INTERESTS
THIS AGREEMENT, entered into thi s3 Oth day of Jul ,
19 86, by and between the STATE OF FLORIDA DEPARTr~ENT OF T1ANSPORTATION,
hereinafter called Department, and City of CITY OF CLEARWATER, hereinafter
ca 11 ed Ci ty.
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 subordi nates any and all of its interests in the 1 ands descri bed
as follows, to wit:
That part of:
RIGHT OF WAY
The Southeast i of Section 30 & the Northeast! of Section 31, Towr~hip 28
South, Range 16 East.
Being described as follows:
Commence on the Northerly boundary of Section 31, Township 28 South, Range
16 East, at a point 1439.09 feet South 89035'3]11 West of the Northeast
corner of said Section 31; run thence South 43005'23" East 543.21 feet;
thence North 46054'3]11 East 100.00 feet to a point of beginning; continu"ft'
thence North 46054'3]11 East 36.86 feet; thence North 39035'23" West 44.~
feet to the beginning of a curve concave to the Southwesterly having a cu
radius of 3844.72 feet; thence Northwesterly along said curve 234.86 feet
thru a central angl e of 3030' 00" to the end of said curve; thence North":=-
43005'23" West 169.46 feet (running from said Section 31 into Section 3~
Township 28 South, Range 16 East); thence South 89035'37" West 63.60 fe~J
thence South 43005'23" East 491.80 feet (running from said Section 30 intQ :~~,;
said Section 31) to the point of beginning. g:~ ;~S
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Less existing rights of way.
Containing 21,043 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 following:
Nature of Date From or Against
Encumbrance
In Favor of
Recorded
Book Page
Easement 6-22-81 U.S. Home Corp.
City of
Clearwater
OR 5234
Pg. 9
PROVIDED that the foll~~~~, rights are reserved to City:
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/-Ct1a-,fd\BCEL 103.? . 40 r~",; .~),ca ' Page 1
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G.R.8'104
10. PAGr 1E9
1. The City shall have the right tri 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
lIli nimum standards for such facil iti es as requi red by the State of Flori da,
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 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 acquiring appropriate easements.
2. The City shall have a reasonab 1 e 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 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.
Executed in our presence
as witnesses:
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STAn: F FLORIDA
COUNTY OF POLK
~STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
By
The foregoing instrument was acknowledged before me this
day of August, 19 ~_, by W. R. Trefz
Deputy Assistant Secretary for District One
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Notary Public /
State of Florida
My Commission Expires:
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13th'
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CITY/6F CLEARWATER'/ FL0~lp.A
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B/.,('//' /f /',9:'ll '/"/:/"'~>;;~'/'~~'" '" " ' 1,/,
. J Mayor ,,'"\..' ' L C/ ' ,.-
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ATTEST:C~ \,'-\ k'-'^. S....: ..~.~({r$MY~
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Approved as t~o fOL;<~~,:C0r~~;~:~~~'~:
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Ci ty Atrorn~y;
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"'\I'I"I,'C","Sl.iI~ 01 Florloa 31 L3r[;d
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Signed, sealed and delivered
in our presence a witnesses:
STATE OF FLORIDA
COUNTY OF PINELLAS
PARCEL 103.2
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o.R.e304p~GE 160
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BEFORE me personally appeared Katlileen F. Kelly, M. A. Galbraith, J~nd
Cynthia E. Goudeau . to me we 11 known and known to be
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the individuals described in and wh9 execMf~d the foregoing instrument as
Mayor/Commissioner, City Attorney, CltyCl respectively, 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 official seal this
July 19 86
30th
day of
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Sta te 0 Flori
My Commission Expire~/i' A,j\/ ~ i 0'''
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PARCEL 103.2
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