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FLORIDA POWER CORPORATION D/B/A PROGRESS ENERGY FLORIDA INC (2) EASEMENT SUBORDINATION STATE OF FLORIDA COUNTY OF PINELLAS KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2006359192 09/28/2006 at 10:09 AM OFF REC BK: 15389 PG: 2376-2384 DocType:EAS RECORDING: $78.00 KNOW ALL MEN BY THESE PRESENTS: THAT, the undersigned, being the owner and holder of three certain easements recorded in Official Record Book 3146, Page 298 and Official Record Book 12596, Page 1358, and Official Record Book 2940, Page 48, all of the Public Records of Pinellas County, Florida (collectively, the "City Easements") covering certain property or a part thereof described in two certain electric utility easements conveyed to encumbering portions of Lots 9 and 20, E. A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 4, Page 44, public records of Pinellas County, Florida; specifically, that certain Power Easement dated October 20, 2005, conveyed by New Zion Missionary Baptist Church containing 6,567 square feet, more or less, and that certain Power Easement dated April 11, 2005 (sic) acknowledged April 11, 2006 (sic) conveyed by Pathways Community Church, Inc., containing 33,397 square feet, more or less, (collectively, the "Power Easements") each in favor of Florida Power Corporation, a Florida corporation d/b/a Progress Energy Florida, Inc. ("Progress Energy") and each to be recorded in said public records, and to which Power Easements reference is here made for a complete description; for and in consideration of the premises, DOES HEREBY AGREE that its interest in 33,526 square f.e.et of the City Easements shall be, and are hereby made subordinate, subject, and inferior to said Power Easements, to the extent the Power Easements overlie City Easements, so long as same are maintained and operated for the purposes granted. Provided, however, that anything in the Electric Easements to the contrary notwithstanding: 1. The'rights as between the City and Progress Energy with respect to the City's construction and maintenance of the City Easements and the use thereof to construct and maintain the Spring Branch Drainage Project ("Project") as described in Exhibit "A", attached hereto and made a part hereof, or as may be subsequently modified, shall be as set forth in that certain easement of even date herewith granted by City to Progress Energy over property adjacent to the property described in the Power Easements. 2. Progress Energy shall not install any road over, under, upon, across, through or within the Power Easements in any area encumbered by the City Easements without the City's prior written consent. 3. Progress Energy shall not relocate or place any structure over, under, upon, across, through or within the Power Easements in any area encumbered by the City Easements without the City's prior written consent. 4. Progress Energy releases the City, on behalf of itself or any person or entity claiming by, through or under Progress Energy from any claim or liability arising from the City's use under the City Easement other than any claim or liability arising from City's gross negligence or willful misconduct. IT IS EXPRESSLY UNDERSTOOD AND AGREED that such City Easements against the remainder of the premises encumbered thereby shall not in any manner be disturbed or hereby affected, but shall remain in effect as though this instrument had not been executed and shall cover any possibility of reverter in connection with such easements and right-of-way. WITNESS WHEREOF this instrument executed this 2006. It!' day of .~~J)J / Countersigned --t~ ;(~ .~ V. Hibbard, Mayor STATE OF FLORIDA : ss COUNTY OF PINELLAS WITNESS my hand and official seal this ~u(.."G. ~ ~ry Public 2" S~Of Florida , v~nL G 4nnl PrinVtype name Ii? dayof ~~ / ,2006. STATE OF FLORIDA ~~' "'", '!1ll1R'.. ~'t~~ (407) 388-0153 DIANE E MANNI MY COMMISSION # 00526033 EXPIRES: Mar. 6, 2010 AorkIa Notary Service.com :ss COUNTY OF PINELLAS Go...r.';:,u,-.. lb~~ ~ f<1 BEFORE ME, the undersigned, personally appeared Vlillliam B. Horn~, II, <:Sty J Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ~~ ,"- NOtary Public - State of Florida "'( ~ ~~ U- PrinVtype name J ~ day of 52f~~ ,2006. SANDRA HARRIGER MY COMMISSION /I DO 278716 EXPIRES: January 4, 2008 Bonded Thnl NalaIy PubIlc Un4e!writIfa ~ NORTH Scale 1 II 100' This is not a survey CITY EASEMENTS (Portions Subordinated) \ \ Area Shaded/ 3..J, 526 sq. ft.( MOL ~ -~/" Easftment #2 ~ {.~."" ~' I ! i j / a J ("r. \/ .J ;Q--" f' '"'i CO" f-~ f......-) .~ Power E'asement #1 (/, ,... ' ,.j ",'" ~-~ , '~"''f d r) / l .' 'J i CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ..... BY D, KING LEGAL SKETCH PROGRESS ENERGY EASEMENT AREA OlEOCED BY E. 8ARRETT Do" 08/02/06 I 2518 I ~ <.1::1 3: I o I (f) - o z ~ _110. LGL2005-12R ...... 1 OF 3 SECT-TWSP-.... 3-29S-15E -"""" N/A Legal Description #1: A Power Easement over portions of Lots 9 and 20, E.A. Marshall's Subdivision, as recorded In plat book 3, page 44, public records of Pinellas County, Florida, and lying in the S.E. 1/4 of the N.E. 1/4 of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida; and over existing easements as recorded In O.R. book 2940, page 48; O.R. book 3146, page 298; and O.R. book 12596, page 1358, all of the public records of Pinellas County, Florida; being further described as follows: Commence at the N.E. corner of Lot 9, E.A. Marshall's Subdivision, as recorded In plat book 3, page 44, public records of Pinellas County, Florida, thence N 89"15'17" W along the northerly boundary thereof, a distance of 30.00 ft. to the westerly right-of-way line of Kings Highway, also the Point of Beginning for the property that IS a portion of Lot 9, as recorded In O.R. book 10765, page 1251; thence, S 00"16'06" E along said westerly right-of-way and east boundary of said property a distance of 205.00 ft.; thence S 52"29'00" W along the south boundary line of said property a distance of 249.73 ft. to a Point of Beginning; thence departing said south boundary line S 00"16'17" E, a distance of 345.91 ft. to a point of curvature; thence along said curve to the right, arc length 50.91 ft., a radius of 30.00 ft., a delta angle 97"13'40", a chord bearing S 48"20'33" Wand chord length of 45.02ft. to a point of tangency; thence N 83"02'37" W, a distance of 67.09 ft. to a point on the westerly lot line of Lot 20 of LA. Marshall's Subdivision; thence N 00"16'06" W, a distance of 290.97 ft. to the southwest corner of said property recorded In O.R. book 10765, page 1251; thence N 52"29'00" E along the south boundary of said property, a distance of 126.02 ft. back to the Point of Beginning. Containing 0.767 acres (more or less), or 33397 sq. ft. (more or less); and being subject to those certain easements as recorded In O.R. Book 3146, page 298; O.R. Book 2940, page 48; O.R. Book 12596, Page 1358; of the public records of Pinellas County, Florida. CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING OR-AWN BY D, KING LEGAL SKETCH PROGRESS ENERGY EASEMENT AREA D'fIG. NO LGL2005 12 Ot[CJ(EO BY 9i([T 2 OF 3 E. BARRETT DAlE 07/31/2006 ""'" , 251B SE:CT ..1W5P,-RNC; 3- 29S-15E OHf)li'lANCE N/A Legal Description #2: A Power Easement over a portion of the following described propert y: A portion of Lot 9, less the east. 30 ft. thereof, E.A. Marshall Subdivision, as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida; being more particularly described as follows: Commencing at the northeast corner of said Lot 9; run N 89015'17" W along the north line of said Lot 9; 30.00 ft. to the Point of Beginning; thence 00016'06" being 30' W. and parallel to the E. line of Lot 9, 205.00 ft.; thence S 52029'00" E, 375.75' ft. to the west line of Lot 9; thence N 00015'36" W along said west line of Lot 9, 437.72 ft. to the northwest corner of Lot 9, thence S. 89015'17" E, along the north line of said Lot 9, 299.09 ft. to the Point of Beginning, containing 2.2 acres M.O.L. (O.R. book 10765, page 1251) being within Lot 9, LA. Marshall's Subdivision, as recorded in Plat Book 3, page 44, public records of Pinellas County, Florida, and lying in the S.L 1/4 of the N.E. 1/4 of Section 3, Township 29 S., Range 15 E., Pinellas County, Florida; and over existing easement as recorded in O.R. book 2940, page 48: being more particularly described as follows: Commence at the southwest corner of above described property, said point being the Point of Beginning; thence N 00015'36" W along the west line of said property, a distance of 86.27 ft.; thence departing said line N 75027'54" E, a distance of 117.54 ft.; thence S 03051'05" E, a distance of 27.36 ft. to a point on the south line of above described property; thence S 52029'00" W along the south line of said property, a distance of 145.27 ft., back to the Point of Beginning. Containing 0.151 acres (more or less), or 6,567 square ft., (more or less); and being subject to those certain easements as recorded in O.R. book 2940, page 48, of the public records of Pinellas County, Florida. ..... .. D. KING CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING LEGAL SKETCH PROGRESS ENERGY EASEMENT AREA -... LGU005-12 -.. E. BARRETT SHEET 3OF3 DAlE '1/15/2005 251~ ET-.....__ 3--295-15E - N/A Stevensoll Creek JV(Jtf!t~'h;tdl~lall"gel1lent PIUJI FilIal Repott EXHIBIT "A" 3.1.1 Subw4'tershcd 1: SprlugBranch Proiect IA. Spring Branch Couvexance Enhancements. In order to address the 27 s~mctureFPL()SdefiCiencicsin the area ofBytall1 DrivenndFfora Drive between King's Highway and Highland Avenue. undalong Huntington Lane, east of King's Highway, various enhanc~ments to the conveyance capacity oflheex.isting Spring Branch. system urcproposed. These enhancements include widenirlgapproximatelY 700 linearfeetofthe Spring Branch Channel downstream of King's Highway. Tbissection of channel was .cogstrtl.tted with high, steep,il.Ildunstable banksthature nQW nearly vertical inplacesdue to~il erosion. The recommend~dprojcct is to rest)ape the banks tou 4: I (horizontal to vertical) side slope. providing additional cross sectional area for oonvcyanceoftl9od /lows, andpI'()viding a more stable bank configuration that would support veg~tation. The bottom width. a.ndbQttom elevations of the channel would remain essentit\lly unchanged, with the exception that low, sloping waIts (2.5'-;)' high) constructed of gl:lbionhaskel~ or a cellular confinement system such as Geowcb (or equivalent) would be Constrllcli:lQ to reduce bank erosion. The project would also include a maintenance travelway tbatwould normally be dry but would..be submerged for brief periods during maJor tlood events. To accolmnmJttte the widened cross section, approximately SO'of a,dditional easement width would be required adjacent to the existing 50' easement for Spring 1:1ranch extending from King's Highway downstream to the. City Limits (rcter to Figure 3. )-3). Some planting of native vegetation will be undertaken tor this project. Where possible, trees will be planted along the banks of the channel to evchluallyprovideshade and reduce erosioJl. The shade \'V'ilI reduce maintenancerequircmenl.'l significantly because most Iluisance exotic species require full sun Jor exponential growth. Trees recommended for the upper banks in this area are dahoun holly, southern niagnblia and eastern red cedar. These evergreen lrees will nOl contribute as much litter to the channel as deciduous trees. ~ 3.1-5 "\lilml~U I "PiJJillU$'.I)ATA',n7626\Rcp(}rts"MGTf'I.AN\fil\nl\hn~l. 1i1>>:s',Sed. J dN - Stet'ellsm, CreeR WalersJle:tlMmragelllt!fll Plan FilllllRepo/'f Th~ ul1der!itory on (he banks and on the slopes above lhcMnnal water elevation may be planted with Florida. coontie and Virginia chain lem. Both species will toleratc full I\Ullbljl can adapt to tll I Lshudc (IS the trees mature. Anoth~r species recommended fi..1f the upper hanks is cord grass. 'nlis grass fbnllsdcnsc clumps that will prevent bank erosion and tlhel' rUllqtT tram the adjacent residential area... Thenreaarollnd the plantcd vegeta.tion rnuy be sodded with bahia grass for temporary stabilizat.ion. Planting in the channel at and below the nomlul water elevation may occur innrcas w'ltere lining the channel with gabiolls or other bank anl1<lmCnlsis nOLrequired. For these areuS sturdy species tJmt will \vithstand occHsional floodwaters are recommended. Such specIes include bulrush. pickerehveed, and son rush. These plants wilLllQt only pnwide ~rosion protectiun. lltey \villals() improve water qualityduringpcriuds of low flow. The scienlHic llarnesand planting depths of the recommended plants are provided ill Table 3.1-3. tn addithm tl) the chwUlcI improvements. the project includes removal nr a private driveway crossing of Spring Brunch behvcen Sunsett)oint Road and B(~lly Lanc,within unincorporated PincllasCounty (See Figure 3.J~2). This crossing COnsislsof tl 92" x 152" c~nl archculven. which severely f'cstricls the How for major storm events. As evidenced in the Spring BrUllch l1\lod protlle tFillUfC 2..J.22), this structure causes 3.4 teet of hC.td Ids!; for the I OO-year. iitonn. A Ithough the culvert under (letty Lane is the same size. Betty Lane itself IS much lower than the private crossing. so floodwaters are atlowed to overtop the mad during major events. The purpose of this private driveway is unch~ilr, .:Ii; the property served by it has ,ICCCSS from Macomber Avemlc. This culvert would have to be removed prior to implementing the channel illlprovcml.'nts described above,R<:mlOval ()fthi~ culVert would also reduce lloading for the estimated 10-15 Hood. susceptible homes along Betty Lane and Macomber Avenue \vithin unincorporated Pinellas Coumy. ~ 3<1-6 \".ktn! r,':)I.\I"jd,.11.a~;"tlATA\'tJili~liYR~}'nrl,;,\I(j.I'" I AN', Fm:iI\FlI1:1l. r;rk~\S,x:l.lU(J,: Stel'f!:ltSQn..C,.e:ek WatersltedftltllulgelUelt' Plall Pit,al. Rep()J~t Table 3.1-3 Vegetation Recommended for I~l:mtiug in V arying\Yater Depths PLANTL'\'G ELEVATION (rNFEE'l' TO NWL) CO:MNI0N NAI\tE BO'l'ANICAL NAME <0,0 RO {Q-05 -0.5 to -1.0 - 1.0 to..25 I > -2,,5 TREES Red maple AceI' n~brum X X .aJnckmanwove*." Avicennil1j(ermimms X ..Waterhibkory CaI}'(1aquatica X l'opash F'nl.yitutScaro] iil1allo X Dahoon .holly Ilf!-\: cassillc X X Ellstent r~ c~dar JlInipi!rus~ilicicol a X .. Sweet gum Liquidambar slyracijlua X Southem..magnoHa MggnQ/ioJ,.'1'07Idif}ora X Laureluak Quert.'ll,f lautifolia X Live oak Quercu.....l'irgbrianl1 X RedmangroVt!* iii RhtzophQl'gl1UlfllJ/it X Cypress * Taxodiumspp, X X Ameritan elm V7musameiicana X X SHRUBS Beauty berry Ca1licarpll aNti;1riemUI X Button bUSh Cepha/al1tlms Qc~identalis X X Gallberry De.l:glabra X Virginia willow lteavirginica X X Wax myrtle i\<fyrica ceri{era X Saw palmetto Serenoa repens X FORBS Lealherfem* llC(osf iclnull, tlureum X Swamp fern Bl~chnum ~'err.ulaWm X 'YeJll?w c~nn,a Camwflacdd.ll X X Saw g,ra~s* Cladi~lm.jamaice!tse X X StringJ1IY Crimmlatllericanwn X Prairie iris ltis h(!.xaf!ona X Sotlrush JunCllS effusus X X Black rush * .ful/ells ro~~merianus X Spatt~rCiock NUJ!Jmr /uiea X X Watcr lily NV1I1p:/,aea odor-ata X X Pi~kerc1wced Ponicderi(1 cordata X X X Arrowhead SaRiitario lam:tf(Jlia X X Bulmsh* Sdrpus va/idus X X X Alligator Ullg Thalia r;:elliculala X X .' Virginh..chain. fern FVoodwardla ~!irgillica X Florida coontie Z(lmia rmmi/a X *" Indicates tolerance of bmcktsh water, * *' Indicates tolerance of salt \vater. ~ 3.1-7 J'\D!\ T'\\n7(i2{'\Rq1('t1,,\;\[GlPL.'\;'>,"fjli~I\TableJ., l'.].d(,c SleVellSl)II Cree" WllJet:...l1edMtmagementPlall Final Rep()rt Figure3.1~2. PrivutcCrossingofSpringBraueb Near Betty L.ane (to bc.RcmoVed) In order to provide flood relief for the areasellSt ofllighlalld Avenue, Project IA <llso includes the upsizillg of approximately 3,300 feet of stQnnSClVernear Highland Avemie and Byram Drive. The Pr~iect 1 A.land I A.2conveYlillce illlprovelllC(ltS would work togethcrlO rCIU(J\'t:!.l.helOO,.year flood risk from 2J homes Cast ofKing's llighway. This mlal docs not include the estimated 10-15 homes ill uniocorpornlcd PijlcUas (\>unty. Becanse Project li\ would increase the discharge ratc~ to UO\\'Il!:itreamarea,i), this project will require constTUctioll of either Project 18 (alternative I ) or Project IC (allcrnativc 2) in order to otf.~et potential downstream floodIng itnpacts~ I>roject.sl A.land ) A.2 m'e ill lIstrated on Figures J .1-3 and] .1-4, respectively. Prqject I B. Springt.ime A VCI\Ue and Dougla:L^ venue Bridges. In order to offset lhe porcntial downstream llooding irnpa~ts of Project. J A. the bridges ,l( Springtime Avenue and Douglas Avenue over Spring Branch could be enlarged (relerto fh~JJr~ 3.1~5).rhis alternative would allow [1m excess t~1od tlows to be safely cOllvcyed 1.0 the Stevenson Creek estuury.fhe existing crossings consist of a 6' ^ 15' concrete arch at Springtime 3.1-8 ~ ,'I,in, E;,j I \pt.iJtilal\l)l\'fA \7J7626\R~rOIt5'.\lfiTPI.AN\FiI"l\',Fi llid J ,,*.,\,:,-,,<L I .IN;