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92-74RESOLUTION NO. 92 -74 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF ELEVEN SUBORDINATION OF UTILITY INTERESTS AGREEMENTS WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, REGARDING PORTIONS OF CERTAIN EASEMENTS OWNED BY THE CITY, ADJACENT TO STATE ROAD 580 BETWEEN COUNTRYSIDE BOULEVARD AND McMULLEN BOOTI4 ROAD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Transportation (herein the "DOT "), proposes to construct or improve State Road No. 580 in Pinellas County, Florida; and WHEREAS, it is necessary that portions of eleven certain easements, described more particularly herein, now owned by the City, 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 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 application of the DOT is for the subordination of eleven City -owned easements which are 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 interests 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 interests agreements to the DOT, copies of which are attached hereto as Exhibits A through K, 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 consi-oeration including, but not limited to, the benefits to be obtained from the highway improvements. Section 2. The agreements authorized to be executed upon the adoption of this resolution are summarized as follows: 2 DOT Exhibit Parcel No. City's Interest V.1 Recorded at Book Page A 113.04 Platted easement 72 20 B 117.03 Platted easement 85 1 -5 C 119.03 Utility easement 85 1 -5 D 123.06 Platted easement 83 3 E 124.04 Platted easement 83 3 F 125.04 Platted easement 83 3 G 126.03 Platted easement 83 3 H 127.04 Utility easement 83 3 I 128.03 Platted easement 83 3 1 129.03 Utility easement 83 3 K 130.05 Drainage /utility easement 83 3 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 3rd day of December, 1992. Attest: Cyn I hia E. Goudeau, City Clerk /Ii4v�-� 11 Rita Garvey, Mayor - Commis' ner This instrument prepared gyr or under the direction /// Kenneth G. Wing D-dp �tinge�re0C�rane rtation 11201 N. Malcolm Me nley Drive Tampa, Florida 33612 Legal DeacriQtion Approved: Date: /° -/7 -rig B UTL.04 PARCEL : 113.04 SECTION : 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS 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 the 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: That part of Lot 47, Wildwood of Countryside in Section 29, Township 28 South, Range 16 East as recorded in Plat Book 72, Page 20 of the Public Records of Pinellas County, Florida. Being described as follows: Commence at a 411x4" concrete monument marking the Northwest corner of the plat of Wildwood of Countryside, as recorded in Plat Book 72, Page 20 of the Public Records of Pinellas County, Florida; thence south 11 002'00" West along the Westerly boundary of said Wildwood of Countryside, a distance of 583.30 feet to the Southwest corner of said Wildwood of Countryside, said point also being the Southwest corner of a Florida Department of Transportation right of way as described in Official Records Book 5548, Page 758 of the Public Records of Pinellas County, Florida; thence North 89 °39156" East along the South line of said Wildwood of Countryside and the South line of said Florida Department of Transportation right of way, a distance of 56.99 feet to a point on the existing Northerly right of way line of State Road 580; thence continue North 89 039156" East along the South line of said Wildwood of Countryside and the Northerly right of way line of State Road 580, a distance of 11612.85 feet to the POINT OF BEGINNING, said point of beginning also being the Southwest corner of Lot 47 of said Wildwood of Countryside; thence run North 03 000'59" East along the Westerly line of said Lot 47, PARCEL 113.04 PAGE 1 EXHIBI`P A is -17 This instrument prepared by, or Under the direction of Kenneth G. Wing D��Rng ?i T2MJortation a distance of 18.76 feet; thence North 89 029132" East, a distance of 95.05 feet; thence North 55 124'54" East, a distance of 41_19 feet to a point on the Easterly line of said Lot 47, and a point on the Westerly right of way line of Landmark Drive; thence South 00 °19'11" East along the Easterly line of said Lot 47, and the Westerly right of way line of Landmark Drive, a distance of 42.20 feet to the Southeast corner of said Lot 47, and a point on the Northerly right of way line of State Road 5a0; thence South 89 °39156" West, along the South line of said Lot 47, and the Northerly right of way line of State Road 580, a distance of 130.18 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 2846 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 DATE FROM TO O.R. ENCUMBRANCE BOOK /PAGE PLATTED 05/07/74 U.S. HOME CITY OF CLEARWATER P.B. 72, EASEMENT CORPORATION PAGE 20 PROVIDED that the following rights are reserved to the City: I. 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 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. PARCEL 113.04 PAGE 2 1,;2' %S M. —o. t This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation 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. IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS PRINT NAME WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District VII ADDRESS 11201 N. MALCOM McKINLEY DR. TAMPA FL 33612 .The foregoing instrument was acknowledged before me this day of , 199_, by , DIRECTOR OF PRODUCTION for District VII , who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 113.04 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires:_ Serial No., if any: PAGE 3 7Ll This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation 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: PRINT NAME Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF CITY OF CLEARWATER , Florida, By Its City Council By: Its Chairperson (or Vice - Chairperson) PRINT NAME ADDRES The foregoing instrument was acknowledged before me this day of _ 1 199 -, by _, Chairperson (or. Vice - Chairperson) of the CITY OF CLEARWATER , Florida, City Council, who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 113.04 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PAGE 4 �� Al Thin instrument prepared , or PARCEL : 117.03 under the direction SECTION : 15070-2524 S.R. NO.: 580 Kenneth G. Wing COUNTY : PINELLAS 1�Q���ef$FQ��' rtation 11201 N. Malcolm McK nley Drive Tampa, Florida 33612 Legal Description Approved- Date: ZO- 151-42 B , 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 the 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: That portion of Lot 122, Northwood West in Section 29, Township 28 South, Range 16 East as recorded in Plat Book 85, Pages 1 -5 of the Public Records of Pinellas County, Florida. Being described as follows: Commence at a 4" x 4" concrete monument with bronze disc marked P.C.E.D. marking the Southeast corner, of the Southwest 1/4 of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida; thence North 00 °04158" East along the East line of the Southwest 1/4 of said Section 29, a distance of 2,639.95 feet to a point on the existing Southerly right of way line of State Road 580, said point also being the Northwest corner of Lot 119, Northwood West as recorded in Plat Book 65, Pages 1 -5, Pinellas County, Florida; thence North 89 °40'21" East along the North line of said Northwood West and the Southerly right of way line of State Road 580, a distance of 314.07 feet to the POINT OF BEGINNING, said point of beginning being the Northwest corner of Lot 122, of said Northwood West; thence continue North 89 040'21" East along the North line of said Lot 122, and the Southerly right of way line of said State Road PARCEL 117.03 PAGE 1 This instrument prepared by, or Undef(etPAh } bi.on of Assistant General Counsel Department of Transportation 580, a distance of 100.98 feet to the Northeast corner of said Lot 122, and a point on the Westerly right of way line of Frisco Drive; thence South 00 °04'08" West along the Easterly line of said Lot 122 and the Westerly right of way line of Frisco Drive, a distance of 34.89 feet; thence North 46 005'03" West, a distance of 41.10 feet; thence South 89 °29'32" West, a distance of 71.30 feet to a point on the Westerly line of said Lot 122; thence North 00 °19'39" West along the Westerly line of said Lot 122, a distance of 6.44 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 1060 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 DATE FROM TO 0. R. NATURE OF BOOK /PAGE ENCUMBRANCE PLATTED 04/16/82 NORTHWOOD WEST CITY OF CLEARWATER PAGE 155 EASEMENT 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 ?'ny 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. priGC 2 PARCEL 137.03 This instrument prepared by, or Under the direction of Kenneth G. Wing $t4a�t %V Counsel Depa ransportation 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. IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS PRINT NAME WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District VII ADDRESS 11201 N. MALCOM McKINLEY Dr. TAMPA FL 33612 m The foregoing instrument was acknowledged before me this day of 199_, by , DIRECTOR OF PRODUCTION for District VII , 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: PARCEL 117.03 PAGE 3 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation 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: PRINT NAME Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF , Florida, By Its City Council By: Its Chairperson (or Vice - Chairperson) PRINT NAME _ ADDRESS The foregoing instrument was acknowledged before me this day of 199_, by , Chairperson (or Vice Chairperson) of the Florida, City Council, 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: PARCEL 117.03 PACE 4 This instrument prepared Py, or under the direction Kenneth G. Wing Assistant GenereJ Counsel Department ot Transp rtation 11201 N. Malcolm McK'nley Drive Tampa, Florida 33612 Legal Description Approved: Date: 10/3.2/92 By: June Franl UTL.04 PARCEL : 119.03 SECTION : 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS 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: That portion of Lot 132, Northwood West in Section 29, Township 28 South, Range 16 East as recorded in Plat Book 85, Pages 1 -5 of the Public Records of Pinellas County, Florida. Being described as follows: Commence at a 4" x 4" concrete monument with bronze disc marking the Southeast corner, of the Southwest 1/4 of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida; thence North 00 °04158" East along the East line of the Southwest 1/4 of said Section 29, a distance of 2,639.95 feet to a point on the existing Southerly right of way line of State Road 580, said point also being the Northwest corner of Lot 119, Northwood West as recorded in Plat Book 85, Pages 1 -5, Pinellas County, Florida; thence North 89 140121" East along the North line of said Northwood West and the Southerly right of way lire of State Road 580, a distance of 583.69 feet to the POINT OF BEGINNING, said point also being the Northwest corner of Lot 132 of said Northwood West; thence continue North 89 040121" East along the North line of said Lot 132 and the Southerly right of way line of State Road 580, a distance of 149.18 feet to the Northeast corner of said Lot 132; thence South 32 122'59" West along the Easterly line of said Lot 132, a distance of 6.10 feet; thence South F X111BIT C 7,;? V This instrument prepared by, or Under the direction of Kenneth G. WhV Assistant General Counsel Department of Transportation 89 029132" West, a distance of 145.88 feet to a point on the Westerly line of said Lot 132; thence North 00 119'39" West along the Westerly line of said Lot 132, a distance of 5.59 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 791 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 I PLAT BOOK /PAGE UTILITY 04/16/82 Northwood West, a CITY OF CLEARWATER 85/1 -5 EASEMENT Florida General 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, 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 tray, 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. PARCEL 119.03 PAGE; 2 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation 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. IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION presence of: By: WITNESS Director of Production for District VII PRINT NAME ADDRESS WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 199_ , by , DIRECTOR OF PRODUCTION for District VII , 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: PARCEL 119.03 PAGE 3 This instrument prepared by, or Und th aai ction of ne�h G. .ing ASSIStant General ^ounsel Department of Transportation 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: PRINT NAME Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF By Its City Council Florida, By: Its Chairperson (or Vice - Chairperson) PRINT NAME ADDRESS The foregoing instrument was acknowledged before me this day of , 144_, , Chairperson (or Vice - Chairperson) of the CITY OF q LEARWATER , Florida, City Council, who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 119. 01 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PAGE 4 This instrument prepared b , or under the direction of Kenneth G. Wing Assistant General Counsel Department of Transpo tation 11201 N. Malcolm McKi ley Drive Tampa, Florida 33612 Legal Description Approved. Date: /f? -/9 -97 By: l `+� UTL.04 PARCEL : 123.06 SECTION : 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS 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 the 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 lards as follows, viz: That part of Lot 21, 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. 0827„ marking the point of tangency of 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 00 020'49" East along said Easterly right of way line and the Westerly line of said Lot 22, a distance of 130.64 feet to the Southwest corner of said Lot 22 and a point on the existing Northerly right of way line of State Road 580; thence North 89 039'57" East along the Southerly line of said plat of Mayfair and the Northerly right of way line of State Road 580, a distance of 109.93 feet to the POINT OF BEGINNING; said point of beginning also being the Southwest corner of Lot 21; thence North 00 °20142" West along the Westerly line of said Lot 21, a distance of 4.12 feet; thence North 89 °48'03" East, a distance of 79.95 feet to a point on the Easterly line of said Lot 21; thence South 00 020'36" East along the Easterly line of said Lot 21, a distance of 3.93 feet to the Southeast corner of said PARCEL 123.06 E,X111141T U PAGE 1 This instrument prepared by, or Undgr the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation Lot 21; thence South 89 °39157" West along the Southerly line of said Lot 21, and the Northerly right of way line of State Road 580, a distance of 79.95 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 322 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 DATE FROM TO O.R. ENCUMBRANCE BOOK /PAGE PLATTED EASEMENT 11/04/80 MAYFAIR ASSOCIATES, LTD. CITY OF CLEARWATER P.B. 83, PAGE 3 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 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. PARCEL 123.06 PAGE 2 11 This instrument prepared by, or Under the direction of Kenneth G. Wing As!lstant General Counsel Department of Transportation 13 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. IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS PRINT NAME WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District VII ADDRESS 11201 N. MALCOM McKINLEY Dr. TAMPA FL 33612 The foregoing instrument was acknowledged before me this day of , 199_, by , DIRECTOR OF PRODUCTION for District VII , 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: PARCEL 123.06 PAGE 3 9a -7�1 1 .aft. This instrument prepared by, or Un a the di ection of t ; Cennelh C3. lIng Assistant General Counsel Department of Transportation 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 City Council PRINT NAME Clerk (or Deputy Clerk) By: Its Chairperson (or Vice - Chairperson) PRINT ADDRESS STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 199_, by _ , Chairperson (or Vice - Chairperson) of the CITY OF CLEARWATER , Florida, City Council, 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: PARCEL 123.06 PAGE 4 im This instrument prepared py, or undoLrzAr GVetion of Assistant General Counsel Department of Trans ortation 11201 N. Malcolm McK nley Drive Tampa, Florida 33612 Legal Description Approved Date: 10- /9 -�72 By: UTL.04 PARCEL 124.04 SECTION 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS 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 the 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: That part of Lot 20, 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 of 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 °20'49" East along said Easterly right of way line and the Westerly line of said Lot 22, a distance of 130.64 feet to the Southwest corner of said Lot 22 and a point on the existing Northerly right of way line of State Road 580; thence North 89 039'57" East along the Southerly line of said plat of Mayfair and the Northerly right of way line of State Road 580, a distance. of 189.88 feet to the POINT OF BEGINNING; said point of beginning also being the Southwest corner of Lot 20; thence North 00 020136" West along the Westerly line of said Lot 20, a distance of 3.93 feet; thence North 89 148103" East, a distance of 79.95 feet to a point on the Easterly line of said Lot 20; thence South 00 020'31" East along the PARCEL 124.04 E 11BIT I; PAGE 1 This instrument prepared by, or Under the direction of Kenneth G. Wing Dep r�men�no l ransportation Easterly line of said Lot 20, a distance of 3.74 feet to the Southeast corner of said Lot 20; thence South 89 039'57" West along the southerly line of said Lot 20, and the Northerly right of way line of State Road 580, a distance of 79.95 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 307 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. 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. PARCEL 124.04 PAGE 2 NATURE OF DATE FROM TO O.R. ENCUMBRANCE BOOK PAGE PLATTED 11/04/80 MAYFAIR CITY OF CLEARWATER P.B. 83, EASEMENT ASSOCIATES, LTD. PAGE 3 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 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. PARCEL 124.04 PAGE 2 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation 3, The City agrees to repair any damage to Department facilities and to Citymexercising efts t= ent ghts eutlined inlParagraphs damage and 2 above. from te IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS PRINT NAME WITNESS PRINT NAME STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District VII ADDRESS 11201 N. MALCOM MCKIN LEY —Dr' TAMPA FL 33612 — COUNTY OF The foregoing instrument was acknowledged before me this day of ---- -- , DIP.ECTOR OF PRODUCTION. for r 199_, by p a roduced _ District VII , who is personally ho did known (didenot)Wtakeanoath. as identification, and w PRINT NAME Notary Public in and for the County and State last aforesaid. My commission Expires: Serial No., if any: PAGE 3 PARCEL 124. 4 This instrument prepared by, or Under the direction of Kenneth G. Wing Dep ..V=qe %ffatRQd brtation 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: PRINT NAME Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF Florida, By Its City Council By: Its Chairperson (or Vice - Chairperson) PRINT.NAME ADDRESS The foregoing instrument was acknowledged before me this day of 199_, by , Chairperson for Vice - Chairperson) of the , Florida, city Council, who is as personally known to me or who has produced 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: PARCEL 124.04 PAGE 4 This instrument prepared b , or under the direction Kenneth G. Wing Departmentenofal Troaneepo tation 11201 N. Malcolm McKi ley Drive Tampa, Florida 33612 PARCEL : 125.04 SECTION : 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS Legal Description ApproBy: UTL.04 SUBORDINATION OF CITY UTILITY INTERESTS LZ THIS AGREEMENT, entered into this _ day of , 199_, by and between the STATE OF FLORIDA DEPARTMENT OF 'TRANSPORTATION, hereinafter called the Department, and the 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: That part of Lot 19, 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. 0827, marking the point of tangency of 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 120149" East along said Easterly right of way line and the Westerly line of said Lot 22, a distance of 130.64 feet to the Southwest corner of said Lot 22 and a point on the existing Northerly right of way line of State Road 580; thence North 89 °39'57" East along the Southerly line of said plat of Mayfair and the Northerly right of way line of State Road 580, a distance of 269.83 feet to the POINT OF BEGINNING; said point of beginning also being the Southwest corner of Lot 19; thence North 00 020'31" West along the Westerly line of said Lot 19, a distance of 3.74 feet; thence North 89 048103" East, a distance of 79.95 feet to a point on the Easterly line of said Lot 19; thence South 00 120126" East along the PARCEL 125.04 EXHIBIT F PAGE 1 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation Easterly line of said Lot 19, a distance of 3.55 feet to the Southeast corner of said Lot 19; thence South 89039157" West along the Southerly line of said Lot 19, and the Northerly right of way line of State Road 580, a distance of 79.95 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 292 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 DATE FROM TO O.A. ENCUMBRANCE BOOK /PAGE PLATTED 11/04/80 MAYFAIR CITY OF CLEARWATER P.B. 83, EASEMENT ASSOCIATES, LTD. PAGE 3 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 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. PARCEL 125.04 PAGE 2 �r This instrument prepared by, or Under the direction of Kenneth G. Wing DeparA8bi5MnMeMxak Vmsj3tition 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. IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS PRINT NAME WITNESS PRINT NAME STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District VII ADDRESS 11201 N. MALCOM MCKINLEY Dr. TAMPA FL 33612 v STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 199 , by , DIRECTOR OF PRODUCTION for District VII , 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: PARCEL 125.04 PAGE 3 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant GeneraMunsel Department o ransportation 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: PRINT NAME Clerk (or Deputy Clerk.) STATE OF FLORIDA COUNTY OF , Florida, By Its City Council By: Its Chairperson (or Vice - Chairperson) PRINT NAME ADDRESS The foregoing instrument was acknowledged before me this day of , 199_, by , Chairperson (or Vice - Chairperson) of the , Florida, City Council, 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: PARCEL 125.04 PAGE 4 This instrument prepared or SECTION : 126.032524 under the direction Kenneth G. Wing S.R. NO.: 580 Assistant General Counsel COUNTY PINELLAS Department of Transportation 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 Legal Descripption Approved: Date: /r7 - /Y- �Z 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 the 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: That part of Lot 18, 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. 1827, marking the point of tangency of 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 00 120'49" East along said Easterly right of way line and the Westerly line of said Lot 22, a distance of 130.64 feet to the Southwest corner of said Lot 22 and a point on the existing Northerly right of way line of State Road 580; thence North 89 139157" East along the Southerly line of said plat of Mayfair and the Northerly right of way line of State Road 580, a distance of 349.78 feet to the POINT OF BEGINNING; said point of beginning also being the Southwest corner of Lot 18; thence North 00 020'26" West along the Westerly line of said Lot 18, a distance of 3.55 feet; thence North 89 048103" East, a distance of 79,95 feet to a point on the Easterly line of said Lot 18; thence South 00 120'20" East along the Easterly line of said Lot 18, a distance of 3.37 feet to the Southeast rorner of said PARCEL 126.03 PAGE 1 EXHIBIT G r This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation Lot 18; thence South 89 139157" West along the Southerly line of said Lot 18, and the Northerly right of way line of State Road 580, a distance of 79.95 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 277 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 DATE FROM TO O.R. ENCUMBRANCE BOOK /PAGE PLATTED 11/04/80 MAYFAIR CITY OF CLEARWATER P.B. 83, EASEMENT ASSOCIATES, LTD. PAGE 3 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 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. PARCEL 126.03 PAGE 2 This instrument prepared by, or Under the direction of >tenneth G. Wing ernSel Dep 38� Transportation damage to Department facilities rom the to a rees to repair any g loss or damage resulting 3, The City the Department against any ra hs 1 and 2 above. Indemnify its rights outlined in Parag p City exercising IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS PRINT NAME WITNESS PRINT NAME STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District V1 ADDRESS 11201 N. MALCOM MCXINLEY Dr. TAMPA FL 33612 STATE OF FLORIDA g3 COUNTY OF h. ed before me this day of ._- ._-- -- The foregoing instrument was acknowledg DIRECTOR OF PRODUCTION for 199___ by known to me or who has produced - —' VII , who is personally did not) talce an oath. District and who did as identification, PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires:_____- - - - -- Serial No., if any: PARCEL 126.03 PAGE 3 9�7 ` 7V ,.. This instrument prepared by, or Under the direction of Kenneth G. Wing DegarV64nCn or19raneportation 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, PRINT NAME By Its City Council Clerk (or Deputy Clerk) By: Its Chairperson (or Vice - Chairperson) PRINT NAME ADDRESS STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 199__, by , Chairperson (or Vice- Chairperson) of the , Florida, City Council, 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. i My Commission Expires: i Serial No., if any: PARCEL 126.03 PAGE d ,ter, 4 This instrument prepared y, or upder the direction of l Kenneth G. Wing Assistant General Counsel Department of Transp rtation 11201 N. Malcolm McK nley Drive Tampa, Florida 33612 PARCEL 127.04 SECTION 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS Legal Description Approved: g� Date: October 19, 1992 By: Brent J. Davis `�5�1 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 Ht 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: That part of Lot 17, 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. 1827, marking the point of tangency of 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 020149" East along said Easterly right of way line and the Westerly line of said Lot 22, a distance of 130.64 feet to the Southwest corner of said Lot 22 and a point on the existing Northerly right of way line of State Road 580; thence North 89 039157" East along the Southerly line of said plat of Mayfair and the Northerly right of way line of State Road 580, a distance of 429.73 feet to the POINT OF BEGINNING; said point of beginning also being the Southwest corner of Lot 17; thence North 00 °20120" West along the Westerly line of said Lot 17, a distance of 3.37 feet; thence North 89 148103" East, a distance of 79.95 feet to a point on the Easterly line of said Lot 17; thence South 00 020'15" East along the Easterly line of said Lot 17, a distance of 3.18 feet to the southeabt corner of said PARCEL 127.04 PAGE 1 EXHIBIT It Ya. 7�6 This instrument prepared by, or Under the direction of 6 lKenneth G. Wing Assistant General Counsel Department of Transportation Lot 17; thence South 89 039157" West along the Southerly line of said Lot 17, and the Northerly right of way line of state Road 580, a distance of 79.95 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 262 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. 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 l above, including the right to trim such trees, brush, and growth which might endanger or interfere with ouch facilities, provided that such rights do not interfere with the operation and safety of the Department's facilities. PARCEL 127.04 PP69 2 NATURE OF DATE FROM TO PLAT ENCUMBRANCE BOOK /PAGE UTILITY 11/04/80 MAYFAIR CITY OF CLEARWATER 83/3 EASEMENT ASSOCIATES, LTD. 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 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 l above, including the right to trim such trees, brush, and growth which might endanger or interfere with ouch facilities, provided that such rights do not interfere with the operation and safety of the Department's facilities. PARCEL 127.04 PP69 2 This instrument prepared by, or Under the direction of Kenneth G Wing Assistant Genei 3I Department oY ounsel transportation 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. IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS PRINT NAME WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District VII ADDRESS The foregoing instrument was acknowledged before me this 199_, by day of PROD(TCTION District VII , DIRECTOR OF 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:�rr Serial No., if any: f"1€f€>vl, 127.(94 PAIGE 3 =t i I I , This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation 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: PRINT NAME Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF Florida, By Its City Council By: Its Chairperson (or Vice - Chairperson) PRINT NAME ADDRESS The foregoing instrument was acknowledged before me this day of _, 299,`, by , Chairperson (or Vice - Chairperson) of the , Florida, City Council, who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 127.04 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PAC9 4 This instrument prepared y, or under the direction /r{ Kenneth G. Wing Assistant General Counsel Department of Transp rtation 11201 N. Malcolm McK nley Drive Tampa, Florida 33612 Legal Description Approved: Date: Aq —JY- ",_2 By: UTL.04 PARCEL : 128.03 SECTION : 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS 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 the 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: That part of Lot 16, 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 of 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 020149" East along said Easterly right of way line and the Westerly line of said Lot 22, a distance of 130.64 feet to the Southwest corner of said Lot 22 and a point on the existing Northerly right of way line of State Road 580; thence North 89 039157" East along the Southerly line of said plat of Mayfair and the Northerly right of way line of State Road 580, a distance of 509.68 feet to the POINT OF BEGINNING; said point of beginning also being the Southwest corner of Lot 16; thence North 00 020115" West along the Westerly line of said Lot 16, a distance of 3.18 feet; thence North 89 648'03" East, a distance of 79.95 feet PARCEL 128,03 IMIY£3IT F PACE 1 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation to a point on the Easterly line of said Lot 16; thence South 00 °20'10" East along the Easterly line of said 'Lot 16, a distance of 2.99 feet to the Southeast corner of said Lot 16; thence South 89 °39'57" West along the Southerly line of said Lot 16, and the Northerly right of way line of State Road 580, a distance of 79.95 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 246 square feet, more or less. to the interest of the Department, its successors, or assigns, for the purpose of across uthe lands, including nbutnnot limited to he claimoofrinterest 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. 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. PARCEL 128.03 PAGE 2 DATE FROM TO O.R. BOOK /PAGE FW 11/04/80 MAYFAIR ASSOCIATES, LTD. CITY OF CLEARWATER P.B. 83, PAGE 3 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 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. PARCEL 128.03 PAGE 2 E This instrument prepared by, or Under the direction of KennrPet i Kenneth G. Wing D Y sY�ng jaiTpgnbportation 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. IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the STATE OF FLORIDA DEPARTMENT OF TR14SPORTATION presence of: By: Director of Production for District VII WITNESS PRINT NAME ADDRESS 11201 N. MALCOM McKINLEY Dr. TAMPA FL 33612 WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 199_, by , DIRECTOR OF PRODUCTION for District VII , 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: _ PARCEL 129.03 PAGE 3 ��'7V, This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General COUns8l Department of Transportation IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by to rd of the day commissioners year ers ac aid by the Chairperson or Vice- Chairperson of said ATTEST: PRINT NAME Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF Florida, By Its City Council By: Its Chairperson (or Vice - Chairperson) PRINT NAME ADDRESS The foregoing instrument was acknowledged before me this Chairperson (or Vice- , 199— — by Florida, City Council, who is Chairperson) of the CITY OF CLEARWATER as personally known to me or who has produced 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: _ PACE 4 PARCEL 128.01 This instrument prepared by, or under the direction of Kenneth G. Wing Assistsnl Gsneral C&nSet Department of Transp rtation 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 Legal Description Approved: Date: October 19, 1992_ By: Brent J.Davis UTL.04 PARCEL : 129.03 SECTION : 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS 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 B: 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: That part of Lot 15, 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. 0827, marking the point of tangency of 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 020149" East along said Easterly right of way line and the Westerly line of said Lot 22, a distance of 130.64 feet to the Southwest corner of said Lot 22 and a point on the existing Northerly right of way line of State Road 580; thence North 89 °39'57" East along the Southerly line of said plat of Mayfair and the Northerly right of way line of State Road 580, a distance of 589.63 feet to the POINT of BEGINNING; said point of beginning also being the Southwest corner of Lot 15; thence North 00 °20110" West along the Westerly line of said Lot 15, a distance of 2.99 feet; thence North 89 °48103" East, a distance of 79.95 feet to a point on the Easterly line of said Lot 15; thence South 00 120'04 East along the Easterly line of said Lot 15, a distance of 2.80 feet to the Southeast corner of said Lot 15; thence South 89 °39'57" West along the Southerly line of said Lot 15, and the PARCEL 129.03 PAGE 1 EXHIBI`P J This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation Northerly right of way line of State Road 580, a distance of 79.95 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 231 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 DATE FROM TO PLAT ENCUMBRANCE BOOK PAGE UTILITY 11/04/80 MAYFAIR CITY OF CLEARWATER 83/3 EASEMENT ASSOCIATES, LTD. 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 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. PARCEL 129.03 PAGE 2 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant Gtneritptxt� Departmen o ra ortation 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. IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION presence of: WITNESS PRINT NAME WITNESS PRINT NAME By: Director of Production for District VII ADDRESS STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 199_, by _, DIRECTOR OF PRODUCTION for District VII , who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 129.03 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PAGE 3 �w V This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant Gtneritptxt� Departmen o ra ortation 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. IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION presence of: WITNESS PRINT NAME WITNESS PRINT NAME By: Director of Production for District VII ADDRESS STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 199_, by _, DIRECTOR OF PRODUCTION for District VII , who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 129.03 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PAGE 3 This instrument prepared by, or Under the direction of Kenneth G. Wng Assi t.w General Counsel Department of Transportation 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: PRINT NAME Clerk (or Deputy Clerk) Florida, By Its City Council By: Its Chairperson (or Vice - Chairperson) PRINT NAME ADDRESS STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 199_, by ,Chairperson (or Vice - Chairperson) of the , Florida, City Council, 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: PARCEL 129.03 PAGE 4 This instrument prepayy d by, or under the directi n of Kenneth G. Wing A%VgRLA %n%q1 @ ortation 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 PARCEL : 130.05 SECTION : 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS Legal Description Approved: Date: October 13, 1992 By: Brent J. Davis�� r 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: That part of Lot 14, 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. 0827, marking the point of tangency of 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 130.64 feet to the Southwest corner of said Lot 22 and a point on the existing Northerly right of way line of State Road 580; thence North 89 °39'57" East along the Southerly line of said plat of Mayfair and the Northerly right of way line of State Road 580, a distance of 669.58 feet to the POINT OF BEGINNING; said point of beginning also being the Southwest corner of Lot 14; thence North 00 °20104" West along the Westerly line of said Lot 14, a distance of 2.80 feet; thence North 89 "48'03" East, 44.03 feet to a point on a curve concave Northerly having a radius of 702.95 feet, a central angle of 02 15514511, and a chord bearing of North 88 °20'11" East a distance of 35.93 feet; thence Northeasterly along the arc of said curve a distance of 35.94 feet to a point on the Easterly line of said Lot 14; thence South 00 119'59" East along the Easterly line of said Lot 14, a distance of 3.53 feet to the Southeast corner of said Lot 14; thence PARCEL 130.05 PAGE 1 LX111BIT X 1Q - 7� Y This instrument prepared by, or Under the direction of A Kenneth G. Wind A4pIt�3 69RPr8iC b ortation South 89 139'57" West along the Southerly line of said Lot 14, and the Northerly right of way line of State Road 580, a distance of 79.95 feet to the POINT OF BEGINNING. Less existing rights of way. containing 227 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 DATE FROM TO PLAT ENCUMBRANCE BOOK /PAGE DRAINAGE /UTILI 11/04/80 MAYFAIR CITY OF CLEARWATER 83/3 TY EASEMENT ASSOCIATES, LTD. PROVIDED that the following rights are reserved to the City: f 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. AVy 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 I 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. PN#CEL 120.05 VAGE 2 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Couns,: Department of Transportation 11 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. IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS PRINT NAME WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director Of Production for District VII ADDRESS The foregoing instrument was acknowledged before me this day of i 199 , by , DIRECTOR OF PRODUCTION for District VII , who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 130.05 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PAGE 3 This instrument prepared by, or Unde th direction of WnleEhG Wing Assistant General Counsel Department of Transportation 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: PRINT NAME Clerk (or Deputy Clerk) STATE OF FLORIDA COUNTY OF , Florida, By Its City Council By: Ito Chairperson (or Vice - Chairperson) PRINT NAME ADDRESS The foregoing instrument was acknowledged before me this _ day of , r 199, by , Chairperson (or Vice - Chairperson) of the , Florida, City Council, who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 130.05 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PACE 4 `l - 7,�l