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SUBORDINATION OF UTILITY INTERESTS - PARCEL 107.2 BOB GRAHAM GOVERNOR Department 01. C~S1 C:--e<~ C~I U ~-~."-_.,--- U I Transportation Florida 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 ~{ !~9~?E '" V ~' Attention: Mr. Bob Perkins SEP 16 lOOF Section: County: W.P.I.# 15150-654~ Pine lIas 1116637 l'!i'Y' C"l' r'p 1/ ....".- - ~ ' ..l~'.__l_. tl\.. Parcel: 1 (R!W 112545) Dear Sir: In reference to the above project, I am enclosing a fully executed copy of the subordination, parcels_L'2Lb..103. 2____.... e..xecuted by tile Deparbnent of 'l'ranspor;tation. Please keep your copy of the instrument: for your records. Thank you for your cooperation, and if we can be of any furt.her assistance, please advise. Sincerely, r :/. d?::'':Y:I/ A/ , ;///:)r:'--..---;' \~~ ~. An~1~'~6-- District Utili.ty E,i1gineer TifLAllms cc: Betty Smith Robert Scanlon, Legal Operations (w/Attachrient) ~-"'.~~''''''''''''''---~- ~ f7....r:~.f;'i! r~' ;.;::;.!""',;~.,..... IP qr <....."lP _ I ;1' ~ ~ i.~"" l'~' AJ:~ ~\.) r}i:r<<., : " ;.-, (~c 1, rl }EL : , , 'Vi-""'" CJ', [i' 7 r" , ~ - r \, I.~ ; _- J.J V;-;! ) ' I 1~C~3 ,; "'~ " i i .J 'I #56 ~tP I 2 /986 ~ r, i L~~fF) () [Jv-;ci" L_ : ",,' 'H_,._,.:~c" 1 -. --.,., ... ' " ,.., .:> t ' -,.,.,..~~.......~..~.....;.~......~ '..,) Ie: '____________,,___ DESiC, ___._______...____ FiL.UCFWss.r(FF. ____,..__ + '. tt/!' .', ~ J , '. ~ ,_.': J."~ .) 'l, ': --r--~ ',,_.) --;' ,-'/~ "'-j 0.~:IJl 2=". ~f2 I I D.,R. 6304 P4Gr 164 , I 86.199688 This instrument prepared and legal description approved Da te: 06-09-86 By: J. W. Duns.f\"jo..,.,r,d,.)J') City: Bartow, Florida . .'./ State of Florida Department of Transportation PARCEL NO. 107.2 SECTION 15150-2545 STATE ROAD 55(US 19) COUNTY Pinellas SUBORDINATION OF UTILITY INTERESTS THIS AGREEMENT, 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 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 facilHies 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 South t of Section 30, Township 28 South, Range 16 East. Being described as follows: --'r~J Commence on the Southerly boundary of Secti on 30, Townshi p 28 South, Range:: 16 East, at a point 1439.09 feet South 89035'3]1' West of the Southeast g~ corner of said Section 30; run thence North 43005'23" West 762.53 feet to the beginning of a curve concave to the Northeasterly having a radius of 2864.79 feet; thence Northwesterly along said curve 58.44 feet thru a central angle of 01010'08" to a point on said curve; thence North 46054'37" East 100.02 feet to a point of beginning; continue thence North 46054'37" East 63.46 feet to the beginning of a curve concave to the Northeasterly having a radius of 2,965.47 feet; thence from a tangent bearing of North 39059'38" West run Northwesterly along said curve 130.98 feet thru a central angle of 2031'50" to the end of said curve and beginning of a curve concave to the Easterly having a radius of 67.00 feet; thence from a tangent bearing of North 37027'47" West run Northwesterly and Northeasterly along said curve 106.57 feet thru a central angle of 91007'52" to the end of said curve; thence North 36019'56" West 0.58 feet; thence South 53040 I 04" West 111.16 feet to the begi nni ng of a curve concave to the Easterly having a radius of 25.00 feet; thence Southwesterly along said curve 40.05 feet thru a central angle ot: 91046'40" to the end of said curve & beginning of a curve concave to the Northeasterly having a radius of 2764.79 feet; thence from a tangent bearing of South 38006'36" East run Southeasterly along said curve 181.86 f~et thru a central angle of 3046'07" to end of said curve also being the point of beginning. Less existing rights of way. Containing 14,427 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 1 ands, i nc 1 udi ng but not 1 imited to the claim of interest based on the following: ,. -lj,O V, 30 o ~'I Fv11 (:~.)l(Q"... q/, ')/~I ...'..._.:'~.--QT.-J- o pM~;ff~tf071{ I/(;n~:~l r:~,_;H-I.'3~OO j~t;d~~~~~~73.ms ,~/'" ./' Page 1 ~" = COO) Cr- ;:;:,.,., ':"'lo';" ~1 ~~ l.l' - '" I.'" -" ~. , "'1 ~ ;. t ,1-; ~1 ,', .:.) p --- - ~ (> c.:: (}: -1,_.. ,. -- 1 f':~... ,_:,' ( ) '..J. i"'':, ;7-- ~ ~~ ,,- --;:,~ t- .-1 1'-0 0.: .r_ N 0"# I ' -.:. ',' ~, -,'~., 'f .f I I O.R.C304PAcr 185 Nature of Date Encumbrance From or Agains In Favor of Recorded Book Page Easement 9-3-75 U.S.H. Propert es, City of Corp. Clearwater OR 4327 Pg. 1854 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 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 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 reasonable right to enter upon the lands described herein for the purposes outlined in paragraph 1 ~bove, 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 .1 ass or damage resu lti ng 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. . trsTATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO By tant Secretary I ~. C' ~ , '~'.',-, ':::'\(' ~~ STArr-OF FLORIDA COUNTY OF POLK The foregoing instrument was acknowledged before me this day of August , 19 86 " by W. R. Trefz Deputy Assistant Secretar'y for District i One " ,.) . . <<5 '---I::)~tC tL ,,(-., . Notary Public State of Florida My Commission Expires: 13th " , ,;.',,..,"'-".J c.( -) " \ . . ,) " [, "--i,oJ,) I/i r - '; /: '\ _, '\ ".I'Ll. _....1 --'1' if /1 .C . :_,' /1 ,":iJ+;UY !)\I!JI;r Sl:l~C of Florida at lll(~tl -" ,., , q:~tJ Signed, sealed and delivered i nl our i~res)ence OS wi tn,esses: ~?k.' (j. tV.-,l4.,j.~ " :.; /' , :. -, ~ ~ I ...~... STATE OF FLORIDA COUNTY OF PINELLAS .; . - ~ . o . ~ r-' Approved ,cor;t"8>C:thes s: . /;/ /fi/tA 11;, / ~-:'it It -~ (jAA.J)(,.<'v' --1 City ~_torney II ! 1..._/ PARCEL 107.2 Page 2 ...,_.. .' '''''" '~'r --~. '- .. I I O.R.€304 P~GE 166 BEFORE me personally appeared Kathl~en F. Kelly, M. A. Galbraith, J:afld Cynthia E. Goudeau , ito me well known, and known to be the individuals described in and who ex~cuted the foregoing instrument as Ma yor /Coffimissioner, City At torney, City Clerk respecti ve ly, of the abo"(~-named Ci ty and that the sea 1 affixed to the fqregoi ng instrument is the City sei3..J; of said City and the said instrument is :the free act and deed of said City. WITNESS n~ hand and official seal this July 19 86 30th day of -./., " \'. ,I;, ~',/ . "v,: ,','. · My ('JII\I:I:.\,1011 Exr:;r,:.s Jui~ '.:<: 1~'&3 .e~'I'\..lCJ llllu lie) tv'lI. 1i':'l.:l.'iI'-:-~', ii.~, ',' ~,.: PARCEL 107.2 Page 3