92-28RESOLUTION NO. 92 -28
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF SIX SUBORDINATION OF CITY
UTILITY INTEREST AGREEMENTS WITH THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, REGARDING PORTIONS OF
SIX CERTAIN EASEMENTS LOCATED ADJACENT TO STATE ROAD
580 BETWEEN COUNTRYSIDE BOULEVARD AND MCMULLEN BOOTH
ROAD OWNED BY THE CITY, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation (herein the
"DOT "), proposes to construct or improve State Road No. 580, Section No.
15070 -2524, in Pinellas County, Florida: and
WHEREAS, it is necessary that a portion of six certain easements rights
now owned by the City of Clearwater, Florida, be subordinated to the DOT; and
WHEREAS, Section 2.01(d)(4) of the City Charter authorizes the
conveyance of surplus City property to another governmental entity without
referendum approval, without competitive bidding, and for less than the
appraised value; and
WHEREAS, the DOT has applied to the City for a subordination by the City
to the DOT of all rights, title and interest that the City has in the six
easements subject to the rights reserved to the City as described in the
agreement, and the application has been duly considered by the City
Commission; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The applications of the DOT is for the subordination of six
City owned easements which is hereby declared surplus within the meaning of
the City Charter, subject to the reservation of rights by the City as set
forth in the subordination of utility interest agreements, and the
applications are found and declared to be for a valid public purpose.
Therefore, the appropriate City officials are authorized to execute the
subordination of utility interest agreements to the DOT, a copies of which are
attached hereto as Exhibits A, B, C, D, E and F, conveying the rights, title
and interest of the City in and to the real property described therein, in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration including, but not limited to, the benefits to be obtained from
the highway improvements.
Auk
Section 2. The agreements authorized to be executed upon the adoption
of this resolution is summarized as follows:
DOT Recorded at
Exhibit Parcel No. City's Interest Book Pane
A 122.3 Easement by Plat 83 3 & 4
B 133.3 Drainage and Utility 6456 1889
Easement
C 133.4 Water, Ingress and 6471 2151
Egress Easement
D 159.5 Drainage and Utility 6479 2362
Easement
E 161.3 Right -of -Way Easement 5238 720
F 166.7 Right -of -Way Easement 5845 1579
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2d day of April 1992•
Attest:
Cynt Go eau Rita Garvey
City erk Mayor- Commissioner
2
W
This instrument prepared by,
PARCEL
122.3
or under the direction of
SECTION
15070 -2524
William T. McCaig, Eminent
S.R. NO.:
580
Domain Chief
COUNTY
PI14ELLAS
Department of Transportation
4950 W. Kennedy Blvd., Suite 500
Tampa, Florida 33609
Legal Description Approved: �lanne- /y/• .211 -1 1
Date: I- z8-73 By:
UTL. 04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this _ day of
by and between the STATE of FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called the Department, and CITY OF CLEARWATER , hereinafter
called City.
W I T N E S S E 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
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:
RIGHT OF WAY
That part of Lot 22, Mayfair, in Section 29, Township 28
South, Range 16 East as recorded in Plat Book 83, Pages 3 -4 of
the Public Records of Pinellas County, Florida.
Being described as follows;
Commence at a 3" X 3" concrete monument, P.L.S. $827, marking
the point of tangency on the Westerly boundary of Lot 22,
Mayfair, as recorded in Plat Book 83, Pages 3 -4 of the Public
Records of Pinellas County, Florida; said point also being a
point on the Easterly right of way line of Landmark Drive;
thence South 00 °20149" East along said Easterly right of way
line and the Westerly line of said Lot 22, a distance of
100.53 fast to the POINT OF BEGINNING; thence South 51°21142"
East, a distance of 41.02 feet; thence North 89°48'03" East,
a distance of 78.05 feet to a point on the Easterly line of
said Lot 22; thence South 00 120'42" East along the Easterly
line of said Lot 22, a distance of 4.12 feet to the Southeast
corner of said Lot 22; thence South 89°39057" West along the
Southerly line of sold Lot 22, and the Northerly right of way
PARCEL 122.3 PAGE 1
EXHIBIT "A" f' ,) .—,?-
line of State Road 580, a distance of 109.93 feet to the
Southwest corner of said Lot 22 and a point on the Easterly
right of way .line of Landmark Drive; thence North Oo °20'49"
West along the Westerly line of said Lot 22 and the Easterly
right of way line of Landmark Drive, a distance of 30.11 feet
to the POINT OF BEGINNING.
Less existing rights of way.
Containing 878 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
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.
s 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
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 122.3 PAGE 2
NATURE OF
DATE
FROM
TO
PLAT BOOR
ENCUMBRANCE
/PAGE
EASEMENT BY
02/03/81
CITY OF
8312 & 4
PLAT
CLEARWATER
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.
s 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
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 122.3 PAGE 2
IN WITNESS WHEREOF, the Department hereto has executed this
agreement on the day and year first above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses: OF TRANSPORTATION
By:
PRINT NAME Director of Production
for District VII
PRINT NAME
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this , day
of , 199_, by
for District , who is personally
known to no or who has produced
as identification, and who did (did not) take an oath.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
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
aforesaid.
ATTEST: , Florida,
By Its Board of City Commissioners
PRINT NAME
Clerk (or Deputy Clerk)
By:
Its Chairperson
(or Vice - Chairperson)
ADDRESS
PARCEL 122.3 PAGE 3
L '02
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day
of , 199,, by ,
for District who is personally
known to me or who has produced
as identification, and who did (did not) take an oath.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
t.
l
y
8
t
PARCEL, 122.E PACE 4
t
This instrument prepared by, PARCEL 133.3
or under the direction of SECTION 15070 -2524
William T. McCaig, Eminent S.R. NO.: 580
Domain Chief COUNTY : PINELLAS
Department of Transportation
4950 W. Kennedy Blvd., Suite 500
Tampa, Florida 33609
Legal Description Approved:
Date:— /- 27- 72 By /aair e. lt7. Yanrq
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of , 199_,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called the Department, and _CITY OF CLEARWATER , hereinafter
called City.
W I T N E S S E TH:
WHEREAS., the City presently has an interest in certain lands that
have been determined necessary for highway purposes; and
require Esubordination pof the interest claimed in such way
l bpy oses
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:
RIGHT OF WAY
A portion of the Northwest 1/4, Of the Southeast 1/4, and the
Northeast 1/4, of the Southeast 1/4 of Section 29, Township 28
South, Range 16 East.
Being more particularly described as follows:
Commanee at a 5/8" Iron Rod, RLS No. 2043, matking the
Southeast corner, Lot 141, Northwood West as recorded in Plat
Book 05, Pages 1 -5, of the Public Records of Pinellas County,
Florida, said Southeast corner also being a point on the
Easterly line of said plat of Northwood Went; thence North
00 *04136" East along the Easterly line of said plat of
Northwood West, a dintsnce of 744.72 feet to a point on the
existing Southerly right of way line of Stata Road 500; thanco
North 89 °3905614 East, along said right of way lino, a distance
of 400.06 feet to the POINT OF BEGINNING; thence continue
North 89 "39156" East along said Southerly right of way line,
a distance of 350.05 feet to a point On the Westerly right of
Way line of Landmark Drive; thencaouth 00 ^04137„ Want, along
the Wentarly right of way line of L30c3rk IBrive, a distanco
VAUtri, 131.9
PXOPfiJ4 "5"
t
■e
of 30.00 feet; thence North 45 °07144" West, a distance of
38.43 feet; thence South 89 °29132" West, a distance of 322.78
feet; thence North 00 °04137" East, adist-ance of 3.70 feet to
the POINT OF BEGINNING.
Less existing rights of way.
Containing 1483 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
PAPICE!, 133.8 FA ".L d
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK /PAGE
EASEMENT
01/30/87
HERITAGE UNITED
CITY OF
6456/18B9
the Department's current minimum standards for such facilities
as required by the State of Florida, Department of
METHODIST
CLEARWATER
Any new construction or relocation of facilities within the
lands will be subject to prior approval by the Department.
CHURCH AT
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
COUINTRYSIDE
lands, the Department hereby agrees to pay the cost of such
PAPICE!, 133.8 FA ".L d
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,
i
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
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
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 loos or damage
resulting from the City exercising its rights outlined in
Paragraphs 1 and 2 above.
PAPICE!, 133.8 FA ".L d
IN WITNESS WHEREOF., the f iDepartment
writt to hhas executed this
agreement on the day and year
Signed, seal +::d and delivered
in the presence of witnesses:
PRINT I4AASE
PRINT NAME
STATE OF FLORIDA
COUNTY OF
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
By:
Director of Production
for District VIII ----
0
The foregoing instrument was acknowledged before me this __ day
of 199 for District is personally
known to me or who has produced
as identification, and who did (did not) take an oath.
PRINT NAME
Notary Public in and for the
County and state last aforesaid.
My Commission Expires: —
Serial NO., if any:
IN WITNESS WHEREOF, the said grantor has caused these presents to the
be executed in its name by its Board of City Commissioners acting by year
Chairperson or Vice - Chairperson of said Board, the day
aforesaid.
Florida,
ATTEST: By Its Board of City Commissioners
PRINT NAME --- Clerk)
Clerk (or Deputy
By:
its Chairperson
(or Vice - Chairperson)
ADDRESS
PARCEL 131.3
PAGE 3
PALE 4 C +r /� �Yj
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day
of , 199_., by who is ersonally
for District P
. ,
known to me or who has produced
as identification, and who did (did not) take an oath.
PRINT NAME.
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
MACE 4
PARCEL 13I.3
This instrument prepared by,
PARCEL 133.4
or under the direction of
SECTION 15070 -2524
William T. McCaig, Eminent
S.R. NO.: 580
Domain Chief
COUNTY PINELLAS
Department of Transportation
4950 W. Nennedy Blvd., Suite 500
Tampa, Florida 33609
Legal Description Approved:
blanne
d a,
Date: /- ZJ-92- By:
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this _ day of 199_,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called the Department, and CITY OF CLEARWATER , hereinafter
called City.
W I T N E S S E 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
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:
RIGHT OF WAY
A portion of the Northwest 114, of the Southeast 1/4, and the
Northeast 1/4, of the Southeast 1/4 of Section 29, Township 28
South, Range 16 East.
Being more particularly described as follows:
Commence at a 5/0" Iron Rod, RLS No. 2043, marking the
Southeast corner, Lot 141, Northwood West an recorded in Plat
Book 85, Pagas 1 -5, of the Public Records of Pinellas County,
Florida, said Southeast corner also being a paint on the
Easterly line of said plat of Northwood Wont; thence North
00 °04136" East along the Easterly line of said plat of
Northwood West, a distance of 744.72 feet to a point on the
existing Southerly right of way line of State Road 500; thence
North 89 °39156" East, along said right of way line, a distance
of 400.06 feet to the POINT OF BEGINNING; thence continua
North 09 °39156" East along said Southerly right of way line,
a distance of 750.05 toot to a point on the Wooterly right of
way line of Landmark Drive; thence South 00 604137" Went, along
the Wentorly r1oht of way line of Landmark Drive, a distance
PARCEL, 153.4 PAtiE 1 Iq
EXt1181T "C„
c
of 30.00 feet; thence North 45'07'44" West, a distance of
38.43 feet; thence South 89 029132" West, a distance of 322.78
feet; thence North 00004'37" East, a distance of 3.70 feet to
the POINT OF BEGINNING.
Less existing rights of way.
Containing-1483 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
ENCU14BRANCE I
DATE
FROM
I
TO
O.R.
BOOK /PAGE
BASEMENT
01/30187
HERITAGE UNITED
CITY OF
6471/2151
-
as required by the State of Florida, Department of
METHODIST
CLEARWATER
Any new construction or relocation of facilities within the
CHURCH AT
Shou.�i the Department fail to approve any new construction or
relocation of facilities by the City or require the City to
COUNTRYSIDE,
alter, adjust, or relocate its facilities located within said
lands, the Department hereby agrees to pay the cost of such
INC.
^
limited to the cost of acquiring appropriate easements.
FA):;f:EL 139.4
pnvE 2
0
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.
Shou.�i 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
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.
FA):;f:EL 139.4
pnvE 2
0
IN WITNESS WHEREOF, the Department hereto has executed this
agreement on the day and year first above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses: OF TRANSPORTATION
BY
PRINT NAME Director of Production
for District VII
PRINT NAME
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day
of , 199_, by ,
for District , who is personally
known to me or who has produced
as identification, and who did (did not) take an oath.
PRINT NAME
Notary Public in and for the
county and State last aforesaid.
My commission Expires:
Serial No., if any:
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
aforesaid..
r
ATTEST: , Florida,
By Its Board of City commissioners
PRINT NAME
Clerk (or Deputy Clerk)
By:— Chairperson
(or Vice- chairperson)
NAME.
ADDRESS
POEM, 113.4
/4—
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day
of , 199,_, by , who is
for District p ersonally
known to me or who has produced
as identification, and who did (did not) take an oath.
PRINT NAME.
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
glInIL 133.4 Ft:GE 4
This instrument prepared by,
Of
or under the directioinent
William T. McCaig, m
Domain Chief
Department of Transportation
4950 W. Kennedy Blvd., Suite 500
'd 33609
PARCEL : 159.5
SECTION : 15070 -2524
S.R. NO.: 580
COUNTY : PINELLAS
Tampa, Flor1 a
Legal Description Approved•y, VbHin
Date•
/ -27- 9-2- By: - l�lann�
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day pf -. 199._,
b CDTYAORF MCLEARWATE TRANSPORTATION,
here
inafter
hereinafter called the Department, and
called City.
W I T N E S S E T H:
WHEREAS, the City presently has an interest certain lands that
have been determined necessary for highway Purposes; ur will
WHEREAS, the proposed use Of these lands for highway purposes oses es to
require subordination of the interest claimed in such lands by Y
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.
a mutual o
NOW, THEREFORE, artier heresideratiand Department ayreeasnfollows: city
promises of the p
City subordinates any and all of its interest in the lands as
follows, viz:
' RIGHT OF WAY
That part of Lots 6 and 7, Block 2, Acker's Sub- Division in
16 East as recorded Plat
Section 2B, County,
Township 28 South, Ranges
Book 30, Page 91 of the Public Records of Pinellas
Florida.
Being described as follows: the most
Commence at a 3,, x J" concrete monument marking
southerly corner of Lot 23, Block 2, Ackcr's Sub- Division as of
recorded in Plat Floridan said monum nto also being oonsthe
Pinellas County,
Northe44°31'26 right Wast along the Southwesterly line �ofhsaid
of w Block 2, and the Northeasterly right of way lino of Charles
Avenue 260.10 fast to a 3° x 3" Concretes Monument aidr pilat the
Of
most westerly corner of Lot 1, Block 2r
Acker'a Sub - Division, said most westerly ,f also being e
point on the existing Southerly right oP way lino oP State
Road 580; thanes north 45 °26'07" East along the Southerly
right of way lino of State Road 580 and the Northwesterly lino
of said Block 2, a distance of 299.95 teat to the POINT OF
corn Jerlof Lot 6
point
loc), 2 of said pl�ataof A k rn a Sub- Dividiont
FACE 1
VA
R';Et' 159.5
87CH1BlT "U" G�l•C• P'�J
thence Continue North 45 126107" East, along the southerly line
right of way line of State sance of 119.98e feet to the most Road 580 and a
of said Block 2, Block 2, of said plat of Acker's
northerly corner of Lot 7, s
Subdivision; thence South. 44"3a'distance of 11.69 feet;
Northeasterly line of said Lot 7,
distance p thence
thence *h 8o ts eet thencesouth
south 45 2719' West, of 54.00 f
44 °32'41" East, a distance of 10.00 feet; thence South hence North
45 °27119" West, a distance of 10.00 feet; thence South
44 °32141" West, a distance of 10.00 feet, point on the
45 °27'19" West, a distance of 40.49 thence North 44 °31'26" West
Southwesterly line of said Lot 6; a distance of
along the Southwesterly line of said Lot 6,
7.0.92 feet to the POINT OF BEGINNING.
Less existing rights of way.
Containing 1419 square feet, more or less.
maintaining and operating a road
Department, its successors, or assigns, for the
to the interest of the
purpose Of construction, improving,
aver, through, upon and /or across the lands, including but not limited
to the claim of interest based on the following!
RECORDED
TO O.R.
NATURE OF
DATE FROM BOOK /PAGE
ENCU14BRANCE
EASEMENT 03/27/87 COUNTRYSIDE
CITY OF 6479/2362
COLONIAL CENTER CLEARWATER
PARTNERSHIP
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, ance with
and relocate facilities on,
within, and upon the lands described herein in accorfacilit d es
tcurrent minimum standards for such he state of Florida, Department of
the Department's
as required by
Tran po constructionitorArelocationoofGfacilities widated
lands will be subject to prior approval by the Department.
Should the Department fail totapprove any
require thecCity to
relocation of facilities by a the cost of such
alter, adjust, or relocate itsafacil toep located within said
lands' Department hereby g but not
alteration, adjustment, or relocatioo riate leasements.
limited to the cost of acquiring apP P
2, The
city shall have a reasonable houtlined rinpParagraphdI and
described herein for the purposes
above, including the right to trim such trees, brush, es
growth which might endanger or interfere with such facilities,
provided that the Department's do t not
e facilitiee, with the operation
and safety
3. The city agrees to repair any damage to Department facilities
and to indemnify he City exercising iits righteaoutlinedain
resulting
Paragraphs 1 and 2 above.
PAGE 2
PARCEL 159.5
IN WITNESS WHEREOF, the Department hereto has executed this
agreement on the day and year first above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses: OF TRANSPORTATION
By:
PRINT NAME Director of Production
for District VII
PRINT
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day
of , 199_, by
for District. , who is personally
known to me or who has produced
as identification, and who did (did not) take an oath.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
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
aforesaid.
ATTEST: , Florida,
By Its Board of city commissioners
PRINT NAME
Clerk (or Deputy Clerk)
By:
Its Chairperson
(or Vice - chairperson)
ADDRESS
PARCEL 159.5 PACE 3
STATE OF FLORIDA
COUNTY OF
of
The foregoing instrument was acknowledged before me this
, 199_, by day
known to me or who has for d District , who is personally
as identification, and whoddid(did not) take an oath.
PRINT NAME
Notary Public in and for the
County and Stgte last aforesaid.
My Commission Expires:
Serial No., if any: _
PARCEL 159.5
PACE 4
E2
E
This instrument prepared by, PARCEL 161.3
or under the direction of SECTION 15070 -2524
William T. HcCaigt Eminent S.R. NO.: 580
Domain Chief COUNTY PINELLAS
Department of Transportation
4950 W. Kennedy Blvd., Suite 500
Tampa, Florida 33609
Legal Description Approved: 'an G
Date: 1 -27 -9� By:
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEttENT, entered into this day of
199_,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called the Department, and CITY OF CIEARWATER , hereinafter
called City.
W I T N E S S E T H:
have beenEdeterminedtnecessarylforahighwaytpurposes ;certain lands that
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 so that the benefits necessary
of each may prevent retained conflict between
the
NOW, THEREFORE in consideration of the mutual covenants and
3 promises of the parties hereto, City and Department agree as follows:
6 City subordinates any and all of its interest in the lands as
follows, viz:
RIGHT OF WAY
That part of Lots 9, 10, and 11, Block 2, Acker's Sub - Division
in Section 26, Township 2B 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
Northeasterly right of way line of Charles Avenue; thence
North 44 °31'26" West along the Southwesterly lino of said
Block 2, and the Northerly right of way line of Charles Avenue
260.10 feet to the most westerly corner of Lot 1, Block 2, of westerl corner
said plat of
also being a p ointron the existing southerlytright of way line
of State Road 580; thence North 45 026107" East along the
southerly right of way line of State Road 580 and the
Northwesterly lino of said Block 2, a distance of 479.92 feet
to the POINT OF BEGINNING, said point of beginning also being
the Northwest corner
north (45°26'07 "o Eastid along /the u
thence Southerly
PAGE 1
PARCEL 161.3
EXIIIBIT "E"
% I?- - AO
right of way line of State Road 580 and the Northwesterly line
of said Block 2, a distance of 196.87 feet; thence South
66 ^34120" East, 26.21 feet; thence South 48 "08126^ West,
206.93 feet to a point on the Southwesterly line of said Lot
9; thence North 44 °31126" West along the Southwesterly line of
said Lot 9, a distance of 14.53 feet to the POINT OF
BEGINNING.
Less existing rights of way.
Containing 3893 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
06/22/81
ECKERD DRUGS OF
CITY OF
5238/720
FLORIDA_ INC.,
CLEARWATER
A FLORIDA
CORPORATION
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 Departments 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 he 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
above, including the right to trim ouch 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 indemnity the Department againnt any loan or damage
resulting from the City exercising its rights outlined in
Paragraphs 1 and 2 above.
PARCEL 261.3 s "Mm 1
IN WITNESS WHEREOF, the Department hereto has executed this
agreement on the day and year first above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses: OF TRANSPORTATION
By:
PRINT NAME Director of Production
for District .VII
PRINT NAME
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day
of , 199_, by ,
for District , who is personally
known to me or who has produced
as identification, and who did (did not) take an oath.
PRINT NAME
?� Notary Public in and for the
County and State last aforesaid.
My commission Expires:
Serial No., if any:
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
aforesaid.
ATTEST: , Florida,
By Its Board of City Commissioners
PRINT NAME
Clerk (or Deputy Clerk)
By:
Its chairperson
(or Vice - Chairperson)
NAME
ADDRESS
PARCEL 161.7
PAGE 9
..';?_ U
STATE OF FLORIDA
COUNTY OF
The foregoing instrument Was acknowledged before me this _ day
of , 199_, by
for District who is personally
known to me or who has produced
as identification, and who did (did not) take an oath.
PARCEL 161.7
PRINT NAME
Notary Public in and for the
county and State last aforesaid.
my commission Expires:
Serial No., if any:
PACE A
This instrument prepared by, PARCEL 166.7
or under the direction of SECTION 15070 -2524
William T. McCaig, Eminent S.R. NO.: 580
Domhin Chief COUNTY PINELLAS
Department of Transportation
4950 19. Kennedy Blvd., Suite 500
Tampa, Florida 33609
Legal Description Approved: C_
Date / - 29 - 9z By 1d111e. R. Ya ,�.,
UTL. 04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this _ day of 199_,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called the Department, and CITY OF CLEARWATER , hereinafter
called City.
W I T N E S S E 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
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:
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
44 °3112601 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 I, 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 45 °26107" East along the Southerly right of way
line of State Road 500 and the Northwesterly line of said
Block 2, a distance of 59.99 feet to the POINT OF BEGINNING,
PARCEL 166.7
rxulBtT °F^
PAGE I
Kia -�'?
said point of beginning also being the most westerly corner of
Lot 2, Block 2 of said plat of Acker's Sub- Division; thence
continue North 45 °26'07" 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 44 °31'26" East along the Northeasterly line of
said Lot 5, a distance of 10.92 feet; thence South 450271190'
West, a distance of 79.51 feet; thence South 44 °32'41" East,
a distance of 10.00 feet; thence South 45 °27119" West, a
distance of 10.00 feet; thence North 44 °32'41" West, a
distance of 10.00 feet; thence South 45°27'19" West, a
distance of 150.45 feet to a point on the Southwesterly line
of said Lot 2; thence North 44 °31'26" 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
FROM TO O.R. BOOK
NATURE OF DATE /PAGE
ENCUMBRANCE
EASEMENT 09/20/84 TRECO CITY OF 5845/1579
COMMUNITIES, CLEARWATER
INC.
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 oP such
alteration, adjustment, or relocation, including, but not
limited to the cost of or 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 thehDepartment n with the operation
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.
PAGE 2
PARCEL 166.7
IN WITNESS WHEREOF, the Department hereto has executed this
agreement on the day and year first above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses: OF TRANSPORTATION
PRINT NAME Director of Production
for District vII
PRINT NAME
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day
of , 199_, by I
for District , who is personally
known to me or who has produced
as identification, and who did (did not) take an oath.
PARCEL 166.7 PAGE 9
r1 12-K
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My commission Expires:
Serial No., if any:
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
aforesaid.
ATTEST:
, Florida,
By Its Board of city commissioners
PRINT NAME
Clerk (or Deputy Clerk)
By.
Its Chairperson
(or Vice- Chairperson)
NAME
ADDRESS
PARCEL 166.7 PAGE 9
r1 12-K
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day
of , 199_, by ,
for District , who is personally
known to me or who has produced
as identification, and who did (did not) take an oath.
PARCEL 166.7
PRINT NAME
Notary Public in and for the
County and St}te last aforesaid.
My Commission Expires:
Serial No., if any:
E
PACE 4
,F 2-, a-9