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TRECO COMMUNITES INCORPORATED 4o/d~a4~ d ,. ...~ / a;"~ ,/:<;\~:,\'>;/~'(Corporate Seal) 't~~!f!~:\" 00 .... 10 ro ro ..~~~ ~~r..~ r'" ~~ ~ ><. t~Oi~ ~ . ,:-~ ~o< *-~a.;~ p:: < ~ o , ,., ~ l. (..., I ... ",1,., I. ,~",: .'!n ::ole.,,<,\ ".'f" -",. ,to,. ...-.:-' I "_' :,", ~ .' l' r,., '11-. -J.-;'" _ ii:.. :~_< fi" /,!~.-;,'I,..~I"",l, rl...... :~ol"~ O. i. ~845 r~GE1579 , :~: :'~'i s.::t ~~h ~l4. r r#l'~~ 84198223 -....-. '-.,...., RIGHT-OF-WAY EASEMENT .:-' ",,', ,-'\. "'~;'_~,' :;n FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash In hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, TRECO COMMUNITIES, INC., a Florida Corporation, does hereby grant and convey to the CITY OF CLEAR WATER, FLORIDA, a right-of-way easement over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to wit: Begin at the most Westerly corner of Lot 2, Block 2, ACKERS SUBDIVISION, as recorded in Plat Book 30, page 91 of the Public Records of Pinellas County, Florida; thence run North 4-5027'34-" East, 24-0.0 feet; thence run South 4-4-032'26" East, 10.0 feet; thence run South 4-5027'34-" West, 24-0.0 feet; thence run North 4-4-032'26" West, 10.0 feet, to the Point of Beginning. THIS EASEMENT IS FOR RIGHT -OF-W A Y PURPOSES. The CITY OF CLEAR WATER, FLORIDA, shall have the right to enter upon the above described premises and to construct, install and maintain thereon any right-of-way and to inspect and alter such right-of-way from time to time. IN WITNESS WHEREOF, party of the first part has caused these presents to be duly executed by its proper officers theerunto authorized and its seal to be hereunto affixed this iOt!. day of s~6.tMI&L , 1984-. TRECO COMMUNITIES, INC. BY: J~~L- Its Vice President m C(l('1'o ~1 eM .f'r: ~'i,:,,_ ......~ J. .~~ . L. '~__'+\= ! 43 Int ....... ' lot t{ (' _ T _ ,~-. '. . I..J-"," [j(jcome'nf~iY ax l i:.. :1.. -.:,-....,...~ol-.~:-~.-.-.-..-,).,c.,--,,--~ $......" ...' j-~-_,v.~,e'_'li','<:fWJ h1t::nt'":lb;3 T3~( i\~, Kd:'I~:;;;9m'~';;!~)~,:f;rl ~;:~rk P~n<~,i].;l~) r\,~~q~ZJ Dcputy C!,.lI'~ 11 CiiG_1 00 o<:!r,ID Co Cw' I- 40 Rr;c~<) {f P 'JS __ -, this inslrument was prepared by I' C;;JL_-' ..3_t:m~ G. MICHAEL MACKENZIE /.).../1' . G. MICHAEL MACKENZIE, P.A. t u P.O. Box 1323, Dunedin. FL 33528 :; & (f"<~:-' "..:.i; ,-,.~, (~>' 1:,:"'C~""'f;"'" 9 ./."1 . , , , A' .' ,', t. r' .'" j G. MICHAEL MACKENZIE, P.A. ATTORNEY AT LAW DUNEDIN, FLORIDA 11--1- /, ......J) 1,::-- __~'__'=_ v - /6 - -'Ji I , o. i. 58,15 Pi~CE1580 STATE OF FLORTnA COUNTY OF PINEL LAS Before me, the undersigned authority, this day personally appeared WILLIAM 1. BUCKNER eoxcXXXXXXXXXXXXXXXXXXXXXXXXXXXXX to me well known and known to me to be the individuals described in and who executed the foregoing instrument as Vice President ~XXXXXXXXXXXXXXXXX~~~~XX~~~~~~ of the Corporation named in the foregoing instruillent, and they severally acknowledged to and before me that they executed said instrument on behalf of and in the name of said corporation as such officers; that the seal affixed to said instrument is the corporate seal of said corporation and that ~ it was affixed thereto by due and regular corporate authority; that they are duly authorized by said corporation to execute said instrument and that said instrument is the free act and deed of said corporation. I,N WITNESS WHEREOF k have hereunto~~and an,d affixed my official seal this -2//!b. day of J}I ' A.D. 19PY ~d(~ No' ary Publ ic ' Ey COm2TIission Expires: Notary PubJic;State of Florida at large My Commls$lon Expires June 13. 1985 80ndtII 'fMI G.-.JInalnIIllI U__r\tera ~ \~, \ ~, : l ~,r f'l t i :; /:./i . "~~:>)f.~.~:~i<i';j ~~~ ....- '" '~~ "->'. 7Ji~o --tJ ~... t,~ (',.::. HP ~ ; ~ .fa .. Jf- i ""~ ... .:.\'~ .,7 ";" "~~~:;:.:; :\~~, \".<>: , ".1, , j 1 t t ; I. ~.~ \ " \ \ \ \ I----. -r ~ , - I ,..- .S" /o~ '0 0 0, d~, ~6'" ~ N oX. CD N 0 ...J 5 u Z:.- "- G> <?--' +- W> G> C:>- ~ +- a:i II> 0 0 ~ a.: 5 ~o ~ ,,~ , ":;.~ ~ .~ <C- o,j ..,~ ~..............,.. ~<i;; ~ 4 , ~ ......,..:..... 3 / ". -'-. /0 ,.", '0 9 0, 90 d~, ~6'" Ij- 2 ............ (g)' .............. ". .' .' ,:"'<. ...,.", ", 21 22 '. .u!l:-'~- :l;.F~; .'; - , .' ',-" I r....... o. i. 5845 PAGE1581 . NOTE; This 15 not a survey! 19 20 .......... "" "'., , ". " "'--... ",. C:> ~'v .;:. " <;>'Y- " ~ Novo 7/26/84 Annex 84 -22 ... r'll.lt)~,\ ....'...... n "\"! \ .\ ~ "" I .' ',.:;. ~~ q lot, (.') i'J- 'j '~ "'ll ~\r, (\;,,1' (, ,- '.. '~{.. t \'\ t;Jl\ l " :...~. ~ ';" ;;:: cO 'P ' ~ '\ 1,d' ~~... \I.. '..J 11 a 11N~3T :11: 92-':\' 3:::? " - 47 'L09? ~.33FM t'\f1Y .h"l Y . 1 ... l ,.. _ P I NEL.L(~S COUNTY Fl ' -J~~.REC.BK 7907 PG '-l~~L , ^.. / C) This instrument prepared by, or under the direction of william T. Mccaig, Eminent Domain Chief Department of Transportation 4950 W. Kennedy Blvd., suite 500 Tampa, Florida 33609 " Legal Description APproved:]) . flA /l . J C- Date: / - 2'9 - i.2- By: _ldnl1e../":..{' L rOI1/n ~ UTL.04 PARCEL SECTION S . R. NO.: COUNTY 166.7 15070-2524 580 PINELLAS R 11 RECORDlt-j.g 3 r ACCT . 112-0~v JI- - ~~ REC ...L~ FEES _- MTF PTG _'- pIG DOC INT TOTAL -- I Cf~ S;o -- SUBORDINATION OF CITY UTILITY INTERESTS "' ~ /) THIS AGREEMENT, entered into this J(JC day of ' 199~ by and between the STATE OF FLORIDA DEPARTMENT 0 TRANSPOR~ATION, hereinafter called the Department, and CITY OF CLEARWATER, here1nafter called city. WIT N E SSE T H: WHEREAS, the city presently has an interest in certain lands that have be~n 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 interest in the lands as follows, viz: ~ ~ wCl) ~cim LL> 0-' ~r.oc C -~<t~ c:: LU CJ :::~gs~ > :.u -' I-::'::u- U . .. ii.: ~;i: ,,; t--~:2UJ en (j) < ,0 Cl ~ ~ ~'" . . ~ C ~ ~ RIGHT OF WAY That part of Lots 2,3,4 and 5, Block 2, Acker's Sub-Division in section 28, Township 28 South, Range 16 East as recorded Plat Book 30, Page 91 of the Public Records of pinellas County, Florida. ~ Being described as follows: Commence at a 3" x 3" concrete monument marking the most southerly corner of Lot 23, Block 2, Acker's Sub-Division as recorded in Plat Book 30, Page 91 of the Public Records of Pinellas County, Florida, said monument also being on the Northerly right of way line of Charles Avenue; thence North 44031'26" West along the Southwesterly line of said Block 2, and the Northeasterly right of way line of Charles Avenue 260.10 feet to a 3" x 3" Concrete Monument marking the most westerly corner of Lot 1, Block 2, of said plat of Acker's Sub-Division, said most westerly corner also being a point on the existing Southerly right of way line of State Road 580; thence North 45026'07" East along the Southerly right of way line of State Road 580 and the Northwesterly line of said Block 2, a distance of 59.99 feet to the POINT OF BEGINNING, l<f~,RLEEN F'. DED\...tiKEr~ y Cl.Jj~l< RECORD VEnIFIED BY t~~ PAGE 1 PARCEL 166.7 EXHIBIT "F" _'0,.- ~r" I I PINELLAS COUNTY FLA. OFF.REC.BK 7907 PG 1277 said point of beginning also being the most westerly corner of Lot 2 Block 2 of said plat of Acker's Sub-Division; thence conti~ue North 45026'07" East, along the Southerly right of way line of State Road 580 and the Northwesterly line of said Block 2 a distance of 239.96 feet to the most northerly corner of Lot 5 Block 2, of said plat of Acker's Subdivision; thence South 4~031'26" East along the Northeasterly line of said Lot 5, 'a distance of 10.92 feet; thence South 45027'19" West, a distance of 79.51 feet; thence South 44032'41" East, a distance of 10.00 feet; thence South 45027'19" West, a distance of 10.00 feet; thence North 44032'41" West, a distance of 10.00 feet; thence South 45027'19" West, a distance of 150.45 feet to a point on the Southwesterly line of said Lot 2; thence North 44031'26" West along the Southwesterly line of said Lot 2, a distance of 10.84 feet to the POINT OF BEGINNING. Less existing rights of way. containing 2711 square feet, more or less. to the interest of the Department, its successors, or assigns, for the purpose of construction, improving, maintaining and operating a road over, through, upon and/or across the lands, including but not limited to the claim of interest based on the following: RECORDED NATURE OF ENCUMBRANCE DATE FROM TO O.R. BOOK /PAGE EASEMENT 09/20/84 TRECO COMMUNITIES, INC. CITY OF CLEARWATER 5845/1579 PROVIDED that the following rights are reserved to the 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 May, 1990. 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 al teration, 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 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. PARCEL 166.7 PAGE 2 I 1 PINELLAS COUNTY FLA. OFF.REC.BK 7907 PG 1278 IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. signed, sealed and in the presence 0 STATE OF FLORIDA DEPA OF TRANSP TATION By: Z S\'-J~R~ PRINT NAMES,,",a ve-a ~ \(, \~\~~ 5 . Director of Production for District VII STATE OF FLORIDA COUNTY OF ~-hlLst-oV'DU9h FLORIDA DEPT. OF TRANSPORTATION 4950 W. KENNEDY BLVD. SU ITE 500 TAMPA, FLORIDA 33609,<1 The foregoing instrument was acknowledged before me this -1C1~day of A-Q.r', L , 1992-, by ~hn -re..YY\.pLt- ".-,f.l\.," ""B--ciduc..-it'or') Ol~c:-thr- for District ~v~n, who is personally,:" known to me or who has produced R-oY;,da D\"','ve..\"~ Li c..e..f\-C:;P _ ,. as identification, and who did ~id n~ take an oath. (:1) olLo)j; ~. ~..cttm'). PRINT NAMEJ;ve re. \T ~ Sutl:Dn... Notary Public in and for the County and State last a,fores1aid. fFI Id tLar .. . Notary Pub 10 stale 0 or a a ge My ~ommJ.ssJ.oz: ExpJ.res: M' CcmmlaeleR ExlllrsE: Jan. 11, 1993 SerJ.al No., J.f any: y IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of city commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesa~id. \ , ATTEST:"" ", } /) . ' .J City of Clearwater Fl d ~ , ori a, /Y~~y "~,J ;flNn ~~6~ By Its Board of city commissioners ',T' ,)CnyCLtUu( PRINT NAME Cynthia E. Goudeau Countersigned: r City Clerk (or Deputy Clerk) BY:-'lJ;:; ~ Its ~M or-Commissioner (or vice Ch~ir~gr~Gfl) Rita Garvey Approved as to form and correctness: NAME City of Clearwater, Florida P. O. Box 4748 ADDRESS Clearwater, FL 34618 By: , City Manager PARCEL 166.7 PAGE 3 ..,.. I 1 PINELLAS COUNTY FLA. OFF.REC.BK 7907 PG 1279 STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME personally EfJfR.!Jv;;ed Ri i,a ~GA.rvey, Michael J. Wright, M. A. Galbraith, Jr., and ~ytl'tY{ra~1;~1iea\i-r to me well known, and known by me to be the, individuals described in and who executed the foregoing instrument as Mayor-Commissioner, City Manager, City Attorney and Clty~Clerk, 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 April, 1992. ftit. day of NO{~ cr o(~ My Commission Expires: :\"'" "" I II, ", \IN J ''I, ", c\\." l "I ~'~<"\" .......:. f'/'!, '~ ... ~V ..t\TA b" 1.)::). , ~l.... ..\'\'\1 f1r....r.L\~ :-~... '"" .."~ ~ ..-~. .~^- C.:J. .v.... = : "IY COMM EXPIRES ~ : - . 11' . . c :. -: SEPTEM&ER 5. 1995: _ - . . ~ ; .. :. E .. · p r..... ':0... .r. ..... U B \. \ ~..~~ ~ '" J;,,, ...... ...C\~",;:. "" [ OF ~\.\J \", ""'""1"\\\ PARCEL 166.7 PAGE 4