FLORIDA POWER CORPORATION D/B/A PROGRESS ENERGY FLORIDA INC (2)
EASEMENT SUBORDINATION
STATE OF FLORIDA
COUNTY OF PINELLAS
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2006359192 09/28/2006 at 10:09 AM
OFF REC BK: 15389 PG: 2376-2384
DocType:EAS RECORDING: $78.00
KNOW ALL MEN BY THESE PRESENTS:
THAT, the undersigned, being the owner and holder of three certain easements recorded in
Official Record Book 3146, Page 298 and Official Record Book 12596, Page 1358, and Official
Record Book 2940, Page 48, all of the Public Records of Pinellas County, Florida (collectively, the
"City Easements") covering certain property or a part thereof described in two certain electric utility
easements conveyed to encumbering portions of Lots 9 and 20, E. A. MARSHALL'S
SUBDIVISION, as recorded in Plat Book 4, Page 44, public records of Pinellas County, Florida;
specifically, that certain Power Easement dated October 20, 2005, conveyed by New Zion
Missionary Baptist Church containing 6,567 square feet, more or less, and that certain Power
Easement dated April 11, 2005 (sic) acknowledged April 11, 2006 (sic) conveyed by Pathways
Community Church, Inc., containing 33,397 square feet, more or less, (collectively, the "Power
Easements") each in favor of Florida Power Corporation, a Florida corporation d/b/a
Progress Energy Florida, Inc. ("Progress Energy") and each to be recorded in said public
records, and to which Power Easements reference is here made for a complete description; for
and in consideration of the premises, DOES HEREBY AGREE that its interest in 33,526 square
f.e.et of the City Easements shall be, and are hereby made subordinate, subject, and inferior to said
Power Easements, to the extent the Power Easements overlie City Easements, so long as same
are maintained and operated for the purposes granted.
Provided, however, that anything in the Electric Easements to the contrary notwithstanding:
1. The'rights as between the City and Progress Energy with respect to the City's construction
and maintenance of the City Easements and the use thereof to construct and maintain the
Spring Branch Drainage Project ("Project") as described in Exhibit "A", attached hereto and
made a part hereof, or as may be subsequently modified, shall be as set forth in that
certain easement of even date herewith granted by City to Progress Energy over property
adjacent to the property described in the Power Easements.
2. Progress Energy shall not install any road over, under, upon, across, through or within the
Power Easements in any area encumbered by the City Easements without the City's prior
written consent.
3. Progress Energy shall not relocate or place any structure over, under, upon, across,
through or within the Power Easements in any area encumbered by the City Easements
without the City's prior written consent.
4. Progress Energy releases the City, on behalf of itself or any person or entity claiming by,
through or under Progress Energy from any claim or liability arising from the City's use
under the City Easement other than any claim or liability arising from City's gross
negligence or willful misconduct.
IT IS EXPRESSLY UNDERSTOOD AND AGREED that such City Easements against the
remainder of the premises encumbered thereby shall not in any manner be disturbed or hereby
affected, but shall remain in effect as though this instrument had not been executed and shall
cover any possibility of reverter in connection with such easements and right-of-way.
WITNESS WHEREOF this instrument executed this
2006.
It!' day of .~~J)J
/
Countersigned
--t~ ;(~
.~ V. Hibbard, Mayor
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
WITNESS my hand and official seal this
~u(.."G. ~
~ry Public 2" S~Of Florida
, v~nL G 4nnl
PrinVtype name
Ii? dayof ~~
/
,2006.
STATE OF FLORIDA
~~' "'",
'!1ll1R'..
~'t~~
(407) 388-0153
DIANE E MANNI
MY COMMISSION # 00526033
EXPIRES: Mar. 6, 2010
AorkIa Notary Service.com
:ss
COUNTY OF PINELLAS
Go...r.';:,u,-.. lb~~ ~ f<1
BEFORE ME, the undersigned, personally appeared Vlillliam B. Horn~, II, <:Sty J
Manager of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this
~~ ,"-
NOtary Public - State of Florida "'(
~ ~~ U-
PrinVtype name J
~ day of 52f~~
,2006.
SANDRA HARRIGER
MY COMMISSION /I DO 278716
EXPIRES: January 4, 2008
Bonded Thnl NalaIy PubIlc Un4e!writIfa
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NORTH
Scale 1 II 100'
This is not a survey
CITY EASEMENTS
(Portions Subordinated)
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
..... BY
D, KING
LEGAL SKETCH
PROGRESS ENERGY
EASEMENT AREA
OlEOCED BY
E. 8ARRETT
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08/02/06
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3-29S-15E
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N/A
Legal Description #1:
A Power Easement over portions of Lots 9 and 20, E.A.
Marshall's Subdivision, as recorded In plat book 3, page 44,
public records of Pinellas County, Florida, and lying in the S.E.
1/4 of the N.E. 1/4 of Section 3, Township 29 South, Range
15 East, Pinellas County, Florida; and over existing easements
as recorded In O.R. book 2940, page 48; O.R. book 3146,
page 298; and O.R. book 12596, page 1358, all of the public
records of Pinellas County, Florida; being further described as
follows:
Commence at the N.E. corner of Lot 9, E.A. Marshall's
Subdivision, as recorded In plat book 3, page 44, public
records of Pinellas County, Florida, thence N 89"15'17" W along
the northerly boundary thereof, a distance of 30.00 ft. to the
westerly right-of-way line of Kings Highway, also the Point of
Beginning for the property that IS a portion of Lot 9, as
recorded In O.R. book 10765, page 1251; thence, S 00"16'06"
E along said westerly right-of-way and east boundary of said
property a distance of 205.00 ft.; thence S 52"29'00" W along
the south boundary line of said property a distance of 249.73
ft. to a Point of Beginning; thence departing said south
boundary line S 00"16'17" E, a distance of 345.91 ft. to a
point of curvature; thence along said curve to the right, arc
length 50.91 ft., a radius of 30.00 ft., a delta angle 97"13'40",
a chord bearing S 48"20'33" Wand chord length of 45.02ft.
to a point of tangency; thence N 83"02'37" W, a distance of
67.09 ft. to a point on the westerly lot line of Lot 20 of LA.
Marshall's Subdivision; thence N 00"16'06" W, a distance of
290.97 ft. to the southwest corner of said property recorded
In O.R. book 10765, page 1251; thence N 52"29'00" E along
the south boundary of said property, a distance of 126.02 ft.
back to the Point of Beginning.
Containing 0.767 acres (more or less), or 33397 sq. ft. (more
or less); and being subject to those certain easements as
recorded In O.R. Book 3146, page 298; O.R. Book 2940, page
48; O.R. Book 12596, Page 1358; of the public records of
Pinellas County, Florida.
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
OR-AWN BY
D, KING
LEGAL SKETCH
PROGRESS ENERGY
EASEMENT AREA
D'fIG. NO
LGL2005 12
Ot[CJ(EO BY
9i([T
2 OF 3
E. BARRETT
DAlE
07/31/2006
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251B
SE:CT ..1W5P,-RNC;
3- 29S-15E
OHf)li'lANCE
N/A
Legal Description #2:
A Power Easement over a portion of the following described
propert y:
A portion of Lot 9, less the east. 30 ft. thereof, E.A.
Marshall Subdivision, as recorded in Plat Book 3, Page 44,
Public Records of Pinellas County, Florida; being more
particularly described as follows:
Commencing at the northeast corner of said Lot 9; run N
89015'17" W along the north line of said Lot 9; 30.00 ft. to
the Point of Beginning; thence 00016'06" being 30' W. and
parallel to the E. line of Lot 9, 205.00 ft.; thence S
52029'00" E, 375.75' ft. to the west line of Lot 9; thence N
00015'36" W along said west line of Lot 9, 437.72 ft. to the
northwest corner of Lot 9, thence S. 89015'17" E, along the
north line of said Lot 9, 299.09 ft. to the Point of
Beginning, containing 2.2 acres M.O.L. (O.R. book 10765,
page 1251) being within Lot 9, LA. Marshall's Subdivision, as
recorded in Plat Book 3, page 44, public records of Pinellas
County, Florida, and lying in the S.L 1/4 of the N.E. 1/4 of
Section 3, Township 29 S., Range 15 E., Pinellas County,
Florida; and over existing easement as recorded in O.R. book
2940, page 48: being more particularly described as follows:
Commence at the southwest corner of above described
property, said point being the Point of Beginning; thence N
00015'36" W along the west line of said property, a distance
of 86.27 ft.; thence departing said line N 75027'54" E, a
distance of 117.54 ft.; thence S 03051'05" E, a distance of
27.36 ft. to a point on the south line of above described
property; thence S 52029'00" W along the south line of
said property, a distance of 145.27 ft., back to the Point of
Beginning.
Containing 0.151 acres (more or less), or 6,567 square ft.,
(more or less); and being subject to those certain
easements as recorded in O.R. book 2940, page 48, of the
public records of Pinellas County, Florida.
..... ..
D. KING
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
LEGAL SKETCH
PROGRESS ENERGY
EASEMENT AREA
-...
LGU005-12
-..
E. BARRETT
SHEET
3OF3
DAlE
'1/15/2005
251~
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3--295-15E
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Stevensoll Creek JV(Jtf!t~'h;tdl~lall"gel1lent PIUJI
FilIal Repott
EXHIBIT "A"
3.1.1 Subw4'tershcd 1: SprlugBranch
Proiect IA. Spring Branch Couvexance Enhancements. In order to address the 27
s~mctureFPL()SdefiCiencicsin the area ofBytall1 DrivenndFfora Drive between King's
Highway and Highland Avenue. undalong Huntington Lane, east of King's Highway,
various enhanc~ments to the conveyance capacity oflheex.isting Spring Branch. system
urcproposed. These enhancements include widenirlgapproximatelY 700 linearfeetofthe
Spring Branch Channel downstream of King's Highway. Tbissection of channel was
.cogstrtl.tted with high, steep,il.Ildunstable banksthature nQW nearly vertical inplacesdue
to~il erosion. The recommend~dprojcct is to rest)ape the banks tou 4: I (horizontal to
vertical) side slope. providing additional cross sectional area for oonvcyanceoftl9od
/lows, andpI'()viding a more stable bank configuration that would support veg~tation.
The bottom width. a.ndbQttom elevations of the channel would remain essentit\lly
unchanged, with the exception that low, sloping waIts (2.5'-;)' high) constructed of
gl:lbionhaskel~ or a cellular confinement system such as Geowcb (or equivalent) would
be Constrllcli:lQ to reduce bank erosion. The project would also include a maintenance
travelway tbatwould normally be dry but would..be submerged for brief periods during
maJor tlood events. To accolmnmJttte the widened cross section, approximately SO'of
a,dditional easement width would be required adjacent to the existing 50' easement for
Spring 1:1ranch extending from King's Highway downstream to the. City Limits (rcter to
Figure 3. )-3).
Some planting of native vegetation will be undertaken tor this project. Where
possible, trees will be planted along the banks of the channel to evchluallyprovideshade
and reduce erosioJl. The shade \'V'ilI reduce maintenancerequircmenl.'l significantly
because most Iluisance exotic species require full sun Jor exponential growth. Trees
recommended for the upper banks in this area are dahoun holly, southern niagnblia and
eastern red cedar. These evergreen lrees will nOl contribute as much litter to the channel
as deciduous trees.
~
3.1-5
"\lilml~U I "PiJJillU$'.I)ATA',n7626\Rcp(}rts"MGTf'I.AN\fil\nl\hn~l. 1i1>>:s',Sed. J dN
-
Stet'ellsm, CreeR WalersJle:tlMmragelllt!fll Plan
FilllllRepo/'f
Th~ ul1der!itory on (he banks and on the slopes above lhcMnnal water elevation may
be planted with Florida. coontie and Virginia chain lem. Both species will toleratc full
I\Ullbljl can adapt to tll I Lshudc (IS the trees mature. Anoth~r species recommended fi..1f the
upper hanks is cord grass. 'nlis grass fbnllsdcnsc clumps that will prevent bank erosion
and tlhel' rUllqtT tram the adjacent residential area... Thenreaarollnd the plantcd
vegeta.tion rnuy be sodded with bahia grass for temporary stabilizat.ion.
Planting in the channel at and below the nomlul water elevation may occur innrcas
w'ltere lining the channel with gabiolls or other bank anl1<lmCnlsis nOLrequired. For these
areuS sturdy species tJmt will \vithstand occHsional floodwaters are recommended. Such
specIes include bulrush. pickerehveed, and son rush. These plants wilLllQt only pnwide
~rosion protectiun. lltey \villals() improve water qualityduringpcriuds of low flow. The
scienlHic llarnesand planting depths of the recommended plants are provided ill Table
3.1-3.
tn addithm tl) the chwUlcI improvements. the project includes removal nr a private
driveway crossing of Spring Brunch behvcen Sunsett)oint Road and B(~lly Lanc,within
unincorporated PincllasCounty (See Figure 3.J~2). This crossing COnsislsof tl 92" x
152" c~nl archculven. which severely f'cstricls the How for major storm events. As
evidenced in the Spring BrUllch l1\lod protlle tFillUfC 2..J.22), this structure causes 3.4
teet of hC.td Ids!; for the I OO-year. iitonn. A Ithough the culvert under (letty Lane is the
same size. Betty Lane itself IS much lower than the private crossing. so floodwaters are
atlowed to overtop the mad during major events. The purpose of this private driveway is
unch~ilr, .:Ii; the property served by it has ,ICCCSS from Macomber Avemlc. This culvert
would have to be removed prior to implementing the channel illlprovcml.'nts described
above,R<:mlOval ()fthi~ culVert would also reduce lloading for the estimated 10-15 Hood.
susceptible homes along Betty Lane and Macomber Avenue \vithin unincorporated
Pinellas Coumy.
~
3<1-6
\".ktn! r,':)I.\I"jd,.11.a~;"tlATA\'tJili~liYR~}'nrl,;,\I(j.I'" I AN', Fm:iI\FlI1:1l. r;rk~\S,x:l.lU(J,:
Stel'f!:ltSQn..C,.e:ek WatersltedftltllulgelUelt' Plall
Pit,al. Rep()J~t
Table 3.1-3 Vegetation Recommended for I~l:mtiug in V arying\Yater Depths
PLANTL'\'G ELEVATION (rNFEE'l' TO NWL)
CO:MNI0N NAI\tE BO'l'ANICAL NAME <0,0 RO {Q-05 -0.5 to -1.0 - 1.0 to..25 I > -2,,5
TREES
Red maple AceI' n~brum X X
.aJnckmanwove*." Avicennil1j(ermimms X
..Waterhibkory CaI}'(1aquatica X
l'opash F'nl.yitutScaro] iil1allo X
Dahoon .holly Ilf!-\: cassillc X X
Ellstent r~ c~dar JlInipi!rus~ilicicol a X ..
Sweet gum Liquidambar slyracijlua X
Southem..magnoHa MggnQ/ioJ,.'1'07Idif}ora X
Laureluak Quert.'ll,f lautifolia X
Live oak Quercu.....l'irgbrianl1 X
RedmangroVt!* iii RhtzophQl'gl1UlfllJ/it X
Cypress * Taxodiumspp, X X
Ameritan elm V7musameiicana X X
SHRUBS
Beauty berry Ca1licarpll aNti;1riemUI X
Button bUSh Cepha/al1tlms Qc~identalis X X
Gallberry De.l:glabra X
Virginia willow lteavirginica X X
Wax myrtle i\<fyrica ceri{era X
Saw palmetto Serenoa repens X
FORBS
Lealherfem* llC(osf iclnull, tlureum X
Swamp fern Bl~chnum ~'err.ulaWm X
'YeJll?w c~nn,a Camwflacdd.ll X X
Saw g,ra~s* Cladi~lm.jamaice!tse X X
StringJ1IY Crimmlatllericanwn X
Prairie iris ltis h(!.xaf!ona X
Sotlrush JunCllS effusus X X
Black rush * .ful/ells ro~~merianus X
Spatt~rCiock NUJ!Jmr /uiea X X
Watcr lily NV1I1p:/,aea odor-ata X X
Pi~kerc1wced Ponicderi(1 cordata X X X
Arrowhead SaRiitario lam:tf(Jlia X X
Bulmsh* Sdrpus va/idus X X X
Alligator Ullg Thalia r;:elliculala X X
.'
Virginh..chain. fern FVoodwardla ~!irgillica X
Florida coontie Z(lmia rmmi/a X
*" Indicates tolerance of bmcktsh water,
* *' Indicates tolerance of salt \vater.
~
3.1-7
J'\D!\ T'\\n7(i2{'\Rq1('t1,,\;\[GlPL.'\;'>,"fjli~I\TableJ., l'.].d(,c
SleVellSl)II Cree" WllJet:...l1edMtmagementPlall
Final Rep()rt
Figure3.1~2. PrivutcCrossingofSpringBraueb Near Betty L.ane
(to bc.RcmoVed)
In order to provide flood relief for the areasellSt ofllighlalld Avenue, Project IA <llso
includes the upsizillg of approximately 3,300 feet of stQnnSClVernear Highland Avemie
and Byram Drive. The Pr~iect 1 A.land I A.2conveYlillce illlprovelllC(ltS would work
togethcrlO rCIU(J\'t:!.l.helOO,.year flood risk from 2J homes Cast ofKing's llighway. This
mlal docs not include the estimated 10-15 homes ill uniocorpornlcd PijlcUas (\>unty.
Becanse Project li\ would increase the discharge ratc~ to UO\\'Il!:itreamarea,i), this project
will require constTUctioll of either Project 18 (alternative I ) or Project IC (allcrnativc 2)
in order to otf.~et potential downstream floodIng itnpacts~ I>roject.sl A.land ) A.2 m'e
ill lIstrated on Figures J .1-3 and] .1-4, respectively.
Prqject I B. Springt.ime A VCI\Ue and Dougla:L^ venue Bridges. In order to offset lhe
porcntial downstream llooding irnpa~ts of Project. J A. the bridges ,l( Springtime Avenue
and Douglas Avenue over Spring Branch could be enlarged (relerto fh~JJr~ 3.1~5).rhis
alternative would allow [1m excess t~1od tlows to be safely cOllvcyed 1.0 the Stevenson
Creek estuury.fhe existing crossings consist of a 6' ^ 15' concrete arch at Springtime
3.1-8
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