SUBORDINATION OF UTILITY INTERESTS - PARCEL 107.2
BOB GRAHAM
GOVERNOR
Department
01.
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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/
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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)
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D.,R. 6304 P4Gr 164
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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:
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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:
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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
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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
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'---I::)~tC tL ,,(-., .
Notary Public
State of Florida
My Commission Expires:
13th
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,":iJ+;UY !)\I!JI;r Sl:l~C of Florida at lll(~tl
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Signed, sealed and delivered
i nl our i~res)ence OS wi tn,esses:
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STATE OF FLORIDA
COUNTY OF PINELLAS
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Approved ,cor;t"8>C:thes s:
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City ~_torney II !
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PARCEL 107.2
Page 2
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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
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PARCEL 107.2
Page 3