SUBORDINATION OF UTILITY INTERESTS - PARCEL 128.5 (2)
BOB GRAHAM
GOVERNOR
Department 01.
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Transportation
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City of Clearwater
Mr. William Baker
Public Works Director
900 Chestnut Street
Clearwater, Florida 33516
THOMAS E. DRAWDY
SECRETARY
Post Office Box 1249
Bartow, Florida 33830
September ~ X~9~~E ,~ V
:.:
Attention: Mr. Bob Perkins
SEP 16 198E
Section:
County:
W.P.I.#
15150-654'
Pinellas
1116637
C',lTY: CLEHK
Parcel: 1
(R/W 112545)
Dear Sir:
In reference to the above project, I am enclosing a fully executed
copy of the subordination, parcels__.l07. 2 L.J03. 2 _____._
e..xecute-d by the Deparbnent of 'l'ransportation.
Please keep your copy of the instrument for your records.
Thank you for your cooperation, and if we can be of any further
assistance, please advise.
Sincerely,
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District Utility E;,11gineer
TtRAj 1ms
cc: Betty Smith
Hobert Scanlon, Legal Operations (w/Attachrrent)
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This instrument prepared and
legal description approved
Date: 06-09-86 By: J. W. Dunsford..
City: Ba rtow, Flori da 0""3)\)
State of Florida J
Department of Transportation .
o.R.C304 P,'CE lG7
PARCEL NO. 128.5
SECTION 15150-2545
STATE ROAD 55(US 19)
COUNTY Pinellas
SUBORDINATION OF UTILITY INTERESTS
THI S AGREEI~ENT, entered into thi s 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
ca 11 ed City.
WIT N E SSE T H:
WHEREAS, the City presently has an ihterest in certain lands that have
been determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes w'ill
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
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Lot 9, Belle Haven in Section 30, Township 28 South, Range 16 East, as per
plat thereof recorded in Plat Book 25, Page 52, as per Public Records of
Pinellas County, Florida.
Being described as follows:
Commence at the Southwest corner of the Northeast! of Section 30, Township
28 South, Range 16 East, said corner being 2,723.95 feet South 89054'02"
West of the Southeast corner of the Northeast! of said Section 30; run
thence North 00023'44" West 70.48 feet; thence North 89036'16" East 100.00
feet to a point of beginning; thence North 0023'44" West 284.00 feet;
thence North 89054'02" East 40.00 feet; thence South 0023'44" East 20.52
feet; thence South Or01/56" East 175.07 ,feet; thence South 0023'44" East
25.86 feet to the beginning of a curve concave to the Northeasterly having
a radius of 69.00 feet; thence Southeast~rly along said curve 108.03 feet
thru a central angle of 89042'14" to the 'end of said curve; thence North
89054'02/' East 17.56 feet; thence South 0023'44" East 15.00 feet; thence
South 89054'02" West 109.00 feet; thence North 46049'46" West 30.64 feet to
the point of beginning.
Less existing rights of way.
Containing 15,254 square feet, more or l~ss.
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
Encumbrance
From or Against
In Favor of
Recorded
Book Page
Easement
6-23-78 B. Mary Herda
OR 4722
Pg. 2191
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PARCEL 128.5 .'~ '~-_ .
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O.R.€304 P~G[ 1.G8
PROVIDED that the following rights are reserved to City:
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1. The City shall have the right td construct, operate, maintain,
improve, add to, upgrade, remove, and r~locate facilities on, within, and
upon the lands described herein in acco~dance with the Department's current
minimum standards for such facilities a~ 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 th~ Department. Should the Department
fail to approve any new construction or relocation of facilities by the
City or requi re the City to alter, adjust, or relocate its facil iti es
located within said lands, the Department hereby agrees to pay the cost of
such alteration, adjustment, or relocatibn, including, but not limited to
the cost of acquiring appropriate easements.
2. The City shall 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 might endanger or
interfere wi th such faci 1 i ti es, provi ded: that such ri ghts do not 'j nterfere
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 floss 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
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~STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
By
t:jecretal"Y
STAff- F FLORIDA
COUNTY OF POLK
Signed, sealed and delivered
in our presence as witnesses:
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The foregoing instrument was acknowledged before me this
day of August , 19 86, by W. R. Trefz
Deputy Assistant Secretary for District i One.
~~:'.{/(tC:{ ;7/) ,t;>c.(
Notary Public ;/
State of Florida
My Commission Expires:.
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CITY 01/etE RWI\TER, 'FL-~Rn)h/ .,
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ATTEST: ), ~.\L~' . ,,~~(;:.J.S:~C~: ,,'~k;:;
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Aporoved as to fdrJ1l"~ co'(re~t~~b~:":'
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II\;LII'! 1;";-~~~C,SI:lIC of Flori{la at IM:;!l
'.\~,,, Cll\n~\\'\:,'~,IIH' l~.~)il(~s Sept. 8, tlJh/)
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STATE OF FLORIDA
COUNTY OF PINELLAS
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PARCEL 128.5
Page 2
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O.R. 8304 P~GE 189
BEFORE me persona lly appeared Kathle'en F. Kelly, M. A. Galbraith, J~rld
Cynthia E. Goudeau , ito me we 11 known, and known to be
the individuals described in and who ex~cuted the foregoing instrument as
Mayor/Commissioner, City Attorney, City qler~spectively, 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 30th
July 19 86
day of
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PARCEL 128.5
Page 3