SUBORDINATION OF UTILITY INTERESTS - PARCEL 128.5
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This instrument prepared and
legal description approved
Date: 06-09-86 By: J. W. Dunsforq
City: Ba rtow, Flori da u,,:))O
State of Florida .) .
Department of Transportation '
PARCEL NO. 128.5
SECTION 15150-2545
STATE ROAD 55(US 19)
COUNTY Pinellas
SUBORDINATION OF UTILITY INTERESTS
THI S AGREEr~ENT, entered into thi s 30th day of July ,
19~, by and between the STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION,
hereinafter called Department, and City of CITY OF CLEARWATER, hereinafter
called City.
WIT N E SSE T H:
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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 interests in the lands described
as follows, to wit:
Lot 9, Belle Haven in Section 30, Township 28 South, Range 16 East, as per
plat thereof recorded in Plat Book 25, Page 52, as per Public Records of
Pinellas County, Florida.
Being described as follows:
Commence at the Southwest corner of the Northeast i of Section 30, Township
28 South, Range 16 East, said corner being 2,723.95 feet South 89054'0211
West of the Southeast corner of the Northeast i of said Section 30; run
thence North 00023'44" West 70.48 feet; thence North 89036'1611 East 100.00
feet to a point of beginning; thence North 0023'4411 West 284.00 feet;
thence North 89054'02" East 40.00 feet; thence South 0023'441' East 20.52
feet; thence South 02001'5611 East 175.07 feet; thence South 0023'4411 East
25.86 feet to the beginning of a curve concave to the Northeasterly having
a radius of 69.00 feet; thence Southeasterly along said curve 108.03 feet
thru a central angle of 89042'1411 to the end of said curve; thence North
89054'02" East 17.56 feet; thence South 0023'44" East 15.00 feet; thence
South 89054'02" West 109.00 feet; thence North 46049'46" West 30.64 feet to
the point of beginning.
Less existing rights of way.
That part of:
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RIGHT OF WAY
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Containing 15,254 square feet, more or less.
to the interest of the Department, its successors, or assigns, for the
purpose of constructing, improving, maintaining and operating a road over,
through, upon, and/or across such lands, including but not limited to the
claim of interest based on the following:
Nature of Date
Encumbrance
From or Against
In Favor of
Recorded
Book Page
Easement
6-23-78 B. Mary Herda
OR 4722
Pg. 2191
1; !q;; I O.Q.Y ,10
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_PARCEL 128.5 ~(". ,.,~:-..,
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City of
Clearwater
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o.R.e304 p~G[ 1.88
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PROVIDED that the following rights ~re reserved to City:
1. The City shall have the right td construct, operate, maintain,
improve, add to, upgrade. remove. and r~locate facilities on. within, and
upon the lands described herein in acco~dance with the Department's current
minimum standards for such facilities as required by the State of Florida.
Department of Transportation. Utility At"commodation Guide, dated July,
1979. Any new construction or relocation of facilities within the lands
will be subject to prior approval by the Department. Should the Department
fail to approve any new construction or relocation of facilities by the
City or require the City to alter. adjust, or relocate its facilities
located within said lands, the Department hereby agrees to pay the cost of
such alteration, adjustment, or relocatibn, including, but not limited to
the cost of acquiring appropriate easements.
2. The City shall have a reasonable: ri ght to enter upon the 1 ands
described herein for the purposes outlined in paragraph 1 above, including
the ri ght to trim such trees, brush, and, growth whi ch mi ght 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 da~age to Department facilities and
to indemnify the Department against any iloss or damage resulting from the
City exercising its rights outlined in paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
Executed in our presence
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~STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
By
t.:~retary
STAfE.' F FLORIDA
COUNTY OF POLK
Signed, sealed and delivered
in our presence as witnesses:
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The foregoing instrument was acknowl~dged before me this
day of August , 19 86 , by w. R. Trefz
Deputy Assistant Secretary for District ' One.
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Notary Public;:/'
State of Florida
My Commi ss i on Expi res:.
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CITY oileiE RvvATER, 'FL~Rn)l."i '
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.... Mayor '..-,1"
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Aporoved as to f~'rm"~ co';.cre:Ctn~~~~ ,:
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Clty Attprney / '
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STATE OF FLORIDA
COUNTY OF PINELLAS
PARCEL 128.5
Page 2
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o.R.e304p~GE 189
BEFORE me persona lly appeared Kathle,en F. Kelly, M. A. Galbraith, J~rld
Cynthia E. Goudeau , ito me \tIe 11 known, and known to be
the individuals described in and who ex~cuted the foregoing instrument as
Mayor ICommissioner, City At torney, City gef~specti ve ly, of the above-named
City and that the seal affixed to the foregoing instrument is the City seal
of said City and the said instrument is the free act and deed of said City.
WITNESS my hand and official seal tHis
July 19 86
30th
day of
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PARCEL 128.5
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