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92-28RESOLUTION NO. 92 -28 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF SIX SUBORDINATION OF CITY UTILITY INTEREST AGREEMENTS WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, REGARDING PORTIONS OF SIX CERTAIN EASEMENTS LOCATED ADJACENT TO STATE ROAD 580 BETWEEN COUNTRYSIDE BOULEVARD AND MCMULLEN BOOTH ROAD OWNED BY THE CITY, PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Transportation (herein the "DOT "), proposes to construct or improve State Road No. 580, Section No. 15070 -2524, in Pinellas County, Florida: and WHEREAS, it is necessary that a portion of six certain easements rights now owned by the City of Clearwater, Florida, be subordinated to the DOT; and WHEREAS, Section 2.01(d)(4) of the City Charter authorizes the conveyance of surplus City property to another governmental entity without referendum approval, without competitive bidding, and for less than the appraised value; and WHEREAS, the DOT has applied to the City for a subordination by the City to the DOT of all rights, title and interest that the City has in the six easements subject to the rights reserved to the City as described in the agreement, and the application has been duly considered by the City Commission; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The applications of the DOT is for the subordination of six City owned easements which is hereby declared surplus within the meaning of the City Charter, subject to the reservation of rights by the City as set forth in the subordination of utility interest agreements, and the applications are found and declared to be for a valid public purpose. Therefore, the appropriate City officials are authorized to execute the subordination of utility interest agreements to the DOT, a copies of which are attached hereto as Exhibits A, B, C, D, E and F, conveying the rights, title and interest of the City in and to the real property described therein, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration including, but not limited to, the benefits to be obtained from the highway improvements. Auk Section 2. The agreements authorized to be executed upon the adoption of this resolution is summarized as follows: DOT Recorded at Exhibit Parcel No. City's Interest Book Pane A 122.3 Easement by Plat 83 3 & 4 B 133.3 Drainage and Utility 6456 1889 Easement C 133.4 Water, Ingress and 6471 2151 Egress Easement D 159.5 Drainage and Utility 6479 2362 Easement E 161.3 Right -of -Way Easement 5238 720 F 166.7 Right -of -Way Easement 5845 1579 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2d day of April 1992• Attest: Cynt Go eau Rita Garvey City erk Mayor- Commissioner 2 W This instrument prepared by, PARCEL 122.3 or under the direction of SECTION 15070 -2524 William T. McCaig, Eminent S.R. NO.: 580 Domain Chief COUNTY PI14ELLAS Department of Transportation 4950 W. Kennedy Blvd., Suite 500 Tampa, Florida 33609 Legal Description Approved: �lanne- /y/• .211 -1 1 Date: I- z8-73 By: UTL. 04 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this _ day of by and between the STATE of FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department, and CITY OF CLEARWATER , hereinafter called City. W I T N E S S E T H: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the Department; and WHEREAS, the Department is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and Department agree as follows: City subordinates any and all of its interest in the lands as follows, viz: RIGHT OF WAY That part of Lot 22, Mayfair, in Section 29, Township 28 South, Range 16 East as recorded in Plat Book 83, Pages 3 -4 of the Public Records of Pinellas County, Florida. Being described as follows; Commence at a 3" X 3" concrete monument, P.L.S. $827, marking the point of tangency on the Westerly boundary of Lot 22, Mayfair, as recorded in Plat Book 83, Pages 3 -4 of the Public Records of Pinellas County, Florida; said point also being a point on the Easterly right of way line of Landmark Drive; thence South 00 °20149" East along said Easterly right of way line and the Westerly line of said Lot 22, a distance of 100.53 fast to the POINT OF BEGINNING; thence South 51°21142" East, a distance of 41.02 feet; thence North 89°48'03" East, a distance of 78.05 feet to a point on the Easterly line of said Lot 22; thence South 00 120'42" East along the Easterly line of said Lot 22, a distance of 4.12 feet to the Southeast corner of said Lot 22; thence South 89°39057" West along the Southerly line of sold Lot 22, and the Northerly right of way PARCEL 122.3 PAGE 1 EXHIBIT "A" f' ,) .—,?- line of State Road 580, a distance of 109.93 feet to the Southwest corner of said Lot 22 and a point on the Easterly right of way .line of Landmark Drive; thence North Oo °20'49" West along the Westerly line of said Lot 22 and the Easterly right of way line of Landmark Drive, a distance of 30.11 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 878 square feet, more or less. to the interest of the Department, its successors, or assigns, for the purpose of construction, improving, maintaining and operating a road over, through, upon and /or across the lands, including but not limited to the claim of interest based on the following: RECORDED PROVIDED that the following rights are reserved to the City: 1. The City shall have the right to construct, operate, maintain, Improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the Department's current minimum standards for such facilities ;{ as required by the State of Florida, Department of Transportation, Utility Accommodation Guide, dated May, 1990. s Any new construction or relocation of facilities within the lands will be subject to prior approval by the Department. Should the Department fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the Department hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and _ growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the Department's facilities. 3. The City agrees to repair any damage to Department facilities and to indemnify the Department against any loss or damage resulting from the City exercising its rights outlined in Paragraphs 1 And 2 above. PARCEL 122.3 PAGE 2 NATURE OF DATE FROM TO PLAT BOOR ENCUMBRANCE /PAGE EASEMENT BY 02/03/81 CITY OF 8312 & 4 PLAT CLEARWATER PROVIDED that the following rights are reserved to the City: 1. The City shall have the right to construct, operate, maintain, Improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the Department's current minimum standards for such facilities ;{ as required by the State of Florida, Department of Transportation, Utility Accommodation Guide, dated May, 1990. s Any new construction or relocation of facilities within the lands will be subject to prior approval by the Department. Should the Department fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the Department hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and _ growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the Department's facilities. 3. The City agrees to repair any damage to Department facilities and to indemnify the Department against any loss or damage resulting from the City exercising its rights outlined in Paragraphs 1 And 2 above. PARCEL 122.3 PAGE 2 IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses: OF TRANSPORTATION By: PRINT NAME Director of Production for District VII PRINT NAME STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this , day of , 199_, by for District , who is personally known to no or who has produced as identification, and who did (did not) take an oath. PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: IN WITNESS'WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of City commissioners acting by the Chairperson or Vice - Chairperson of said Board, the day and year aforesaid. ATTEST: , Florida, By Its Board of City Commissioners PRINT NAME Clerk (or Deputy Clerk) By: Its Chairperson (or Vice - Chairperson) ADDRESS PARCEL 122.3 PAGE 3 L '02 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 199,, by , for District who is personally known to me or who has produced as identification, and who did (did not) take an oath. PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: t. l y 8 t PARCEL, 122.E PACE 4 t This instrument prepared by, PARCEL 133.3 or under the direction of SECTION 15070 -2524 William T. McCaig, Eminent S.R. NO.: 580 Domain Chief COUNTY : PINELLAS Department of Transportation 4950 W. Kennedy Blvd., Suite 500 Tampa, Florida 33609 Legal Description Approved: Date:— /- 27- 72 By /aair e. lt7. Yanrq UTL.04 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of , 199_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department, and _CITY OF CLEARWATER , hereinafter called City. W I T N E S S E TH: WHEREAS., the City presently has an interest in certain lands that have been determined necessary for highway purposes; and require Esubordination pof the interest claimed in such way l bpy oses the Department; and WHEREAS, the Department is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and Department agree as follows: City subordinates any and all of its interest in the lands as follows, viz: RIGHT OF WAY A portion of the Northwest 1/4, Of the Southeast 1/4, and the Northeast 1/4, of the Southeast 1/4 of Section 29, Township 28 South, Range 16 East. Being more particularly described as follows: Commanee at a 5/8" Iron Rod, RLS No. 2043, matking the Southeast corner, Lot 141, Northwood West as recorded in Plat Book 05, Pages 1 -5, of the Public Records of Pinellas County, Florida, said Southeast corner also being a point on the Easterly line of said plat of Northwood Went; thence North 00 *04136" East along the Easterly line of said plat of Northwood West, a dintsnce of 744.72 feet to a point on the existing Southerly right of way line of Stata Road 500; thanco North 89 °3905614 East, along said right of way lino, a distance of 400.06 feet to the POINT OF BEGINNING; thence continue North 89 "39156" East along said Southerly right of way line, a distance of 350.05 feet to a point On the Westerly right of Way line of Landmark Drive; thencaouth 00 ^04137„ Want, along the Wentarly right of way line of L30c3rk IBrive, a distanco VAUtri, 131.9 PXOPfiJ4 "5" t ■e of 30.00 feet; thence North 45 °07144" West, a distance of 38.43 feet; thence South 89 °29132" West, a distance of 322.78 feet; thence North 00 °04137" East, adist-ance of 3.70 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 1483 square feet, more or less. to the interest of the Department, its successors, or assigns, for the purpose of construction, improving, maintaining and operating a road over, through, upon and /or across the lands, including but not limited to the claim of interest based on the following: RECORDED PAPICE!, 133.8 FA ".L d NATURE OF ENCUMBRANCE DATE FROM TO O.R. BOOK /PAGE EASEMENT 01/30/87 HERITAGE UNITED CITY OF 6456/18B9 the Department's current minimum standards for such facilities as required by the State of Florida, Department of METHODIST CLEARWATER Any new construction or relocation of facilities within the lands will be subject to prior approval by the Department. CHURCH AT Should the Department fail to approve any new construction or relocation of facilities by the city or require the city to .. alter, adjust, or relocate its facilities located within said COUINTRYSIDE lands, the Department hereby agrees to pay the cost of such PAPICE!, 133.8 FA ".L d PROVIDED that the following rights are reserved to the City: 1. The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, i within, and upon the lands described herein in accordance with the Department's current minimum standards for such facilities as required by the State of Florida, Department of Transportation, Utility Accommodation Guide, dated May, 1990. Any new construction or relocation of facilities within the lands will be subject to prior approval by the Department. Should the Department fail to approve any new construction or relocation of facilities by the city or require the city to .. alter, adjust, or relocate its facilities located within said lands, the Department hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation ,. and safety of the Department's facilities. 3. The City agrees to repair any damage to Department facilities and to indemnify the Department against any loos or damage resulting from the City exercising its rights outlined in Paragraphs 1 and 2 above. PAPICE!, 133.8 FA ".L d IN WITNESS WHEREOF., the f iDepartment writt to hhas executed this agreement on the day and year Signed, seal +::d and delivered in the presence of witnesses: PRINT I4AASE PRINT NAME STATE OF FLORIDA COUNTY OF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District VIII ---- 0 The foregoing instrument was acknowledged before me this __ day of 199 for District is personally known to me or who has produced as identification, and who did (did not) take an oath. PRINT NAME Notary Public in and for the County and state last aforesaid. My Commission Expires: — Serial NO., if any: IN WITNESS WHEREOF, the said grantor has caused these presents to the be executed in its name by its Board of City Commissioners acting by year Chairperson or Vice - Chairperson of said Board, the day aforesaid. Florida, ATTEST: By Its Board of City Commissioners PRINT NAME --- Clerk) Clerk (or Deputy By: its Chairperson (or Vice - Chairperson) ADDRESS PARCEL 131.3 PAGE 3 PALE 4 C +r /� �Yj STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 199_., by who is ersonally for District P . , known to me or who has produced as identification, and who did (did not) take an oath. PRINT NAME. Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: MACE 4 PARCEL 13I.3 This instrument prepared by, PARCEL 133.4 or under the direction of SECTION 15070 -2524 William T. McCaig, Eminent S.R. NO.: 580 Domain Chief COUNTY PINELLAS Department of Transportation 4950 W. Nennedy Blvd., Suite 500 Tampa, Florida 33609 Legal Description Approved: blanne d a, Date: /- ZJ-92- By: UTL.04 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this _ day of 199_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department, and CITY OF CLEARWATER , hereinafter called City. W I T N E S S E T H: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the Department; and WHEREAS, the Department is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and Department agree as follows: City subordinates any and all of its interest in the lands as follows, viz: RIGHT OF WAY A portion of the Northwest 114, of the Southeast 1/4, and the Northeast 1/4, of the Southeast 1/4 of Section 29, Township 28 South, Range 16 East. Being more particularly described as follows: Commence at a 5/0" Iron Rod, RLS No. 2043, marking the Southeast corner, Lot 141, Northwood West an recorded in Plat Book 85, Pagas 1 -5, of the Public Records of Pinellas County, Florida, said Southeast corner also being a paint on the Easterly line of said plat of Northwood Wont; thence North 00 °04136" East along the Easterly line of said plat of Northwood West, a distance of 744.72 feet to a point on the existing Southerly right of way line of State Road 500; thence North 89 °39156" East, along said right of way line, a distance of 400.06 feet to the POINT OF BEGINNING; thence continua North 09 °39156" East along said Southerly right of way line, a distance of 750.05 toot to a point on the Wooterly right of way line of Landmark Drive; thence South 00 604137" Went, along the Wentorly r1oht of way line of Landmark Drive, a distance PARCEL, 153.4 PAtiE 1 Iq EXt1181T "C„ c of 30.00 feet; thence North 45'07'44" West, a distance of 38.43 feet; thence South 89 029132" West, a distance of 322.78 feet; thence North 00004'37" East, a distance of 3.70 feet to the POINT OF BEGINNING. Less existing rights of way. Containing-1483 square feet, more or less. to the interest of the Department, its successors, or assigns, for the purpose of construction, improving, maintaining and operating a road over, through, upon and /or across the lands, including but not limited to the claim of interest based on the following: RECORDED NATURE OF ENCU14BRANCE I DATE FROM I TO O.R. BOOK /PAGE BASEMENT 01/30187 HERITAGE UNITED CITY OF 6471/2151 - as required by the State of Florida, Department of METHODIST CLEARWATER Any new construction or relocation of facilities within the CHURCH AT Shou.�i the Department fail to approve any new construction or relocation of facilities by the City or require the City to COUNTRYSIDE, alter, adjust, or relocate its facilities located within said lands, the Department hereby agrees to pay the cost of such INC. ^ limited to the cost of acquiring appropriate easements. FA):;f:EL 139.4 pnvE 2 0 PROVIDED that the following rights are reserved to the City: 1. The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with • the Department's current minimum standards for such facilities - as required by the State of Florida, Department of - Transportation, Utility Accommodation Guide, dated May, 1990. Any new construction or relocation of facilities within the lands will be subject to prior approval by the Department. Shou.�i the Department fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the Department hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not ^ limited to the cost of acquiring appropriate easements. 2. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the Department's facilities. 3. The city agrees to repair any damage to Department facilities and to indemnify the Department against any loss or damage resulting from the city exercising its rights outlined in Paragraphs 1 and 2 above. FA):;f:EL 139.4 pnvE 2 0 IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses: OF TRANSPORTATION BY PRINT NAME Director of Production for District VII PRINT NAME STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 199_, by , for District , who is personally known to me or who has produced as identification, and who did (did not) take an oath. PRINT NAME Notary Public in and for the county and State last aforesaid. My commission Expires: Serial No., if any: IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of City commissioners acting by the Chairperson or Vice - chairperson of said Board, the day and year aforesaid.. r ATTEST: , Florida, By Its Board of City commissioners PRINT NAME Clerk (or Deputy Clerk) By:— Chairperson (or Vice- chairperson) NAME. ADDRESS POEM, 113.4 /4— STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 199,_, by , who is for District p ersonally known to me or who has produced as identification, and who did (did not) take an oath. PRINT NAME. Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: glInIL 133.4 Ft:GE 4 This instrument prepared by, Of or under the directioinent William T. McCaig, m Domain Chief Department of Transportation 4950 W. Kennedy Blvd., Suite 500 'd 33609 PARCEL : 159.5 SECTION : 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS Tampa, Flor1 a Legal Description Approved•y, VbHin Date• / -27- 9-2- By: - l�lann� UTL.04 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day pf -. 199._, b CDTYAORF MCLEARWATE TRANSPORTATION, here inafter hereinafter called the Department, and called City. W I T N E S S E T H: WHEREAS, the City presently has an interest certain lands that have been determined necessary for highway Purposes; ur will WHEREAS, the proposed use Of these lands for highway purposes oses es to require subordination of the interest claimed in such lands by Y the Department; and WHEREAS, the Department is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. a mutual o NOW, THEREFORE, artier heresideratiand Department ayreeasnfollows: city promises of the p City subordinates any and all of its interest in the lands as follows, viz: ' RIGHT OF WAY That part of Lots 6 and 7, Block 2, Acker's Sub- Division in 16 East as recorded Plat Section 2B, County, Township 28 South, Ranges Book 30, Page 91 of the Public Records of Pinellas Florida. Being described as follows: the most Commence at a 3,, x J" concrete monument marking southerly corner of Lot 23, Block 2, Ackcr's Sub- Division as of recorded in Plat Floridan said monum nto also being oonsthe Pinellas County, Northe44°31'26 right Wast along the Southwesterly line �ofhsaid of w Block 2, and the Northeasterly right of way lino of Charles Avenue 260.10 fast to a 3° x 3" Concretes Monument aidr pilat the Of most westerly corner of Lot 1, Block 2r Acker'a Sub - Division, said most westerly ,f also being e point on the existing Southerly right oP way lino oP State Road 580; thanes north 45 °26'07" East along the Southerly right of way lino of State Road 580 and the Northwesterly lino of said Block 2, a distance of 299.95 teat to the POINT OF corn Jerlof Lot 6 point loc), 2 of said pl�ataof A k rn a Sub- Dividiont FACE 1 VA R';Et' 159.5 87CH1BlT "U" G�l•C• P'�J thence Continue North 45 126107" East, along the southerly line right of way line of State sance of 119.98e feet to the most Road 580 and a of said Block 2, Block 2, of said plat of Acker's northerly corner of Lot 7, s Subdivision; thence South. 44"3a'distance of 11.69 feet; Northeasterly line of said Lot 7, distance p thence thence *h 8o ts eet thencesouth south 45 2719' West, of 54.00 f 44 °32'41" East, a distance of 10.00 feet; thence South hence North 45 °27119" West, a distance of 10.00 feet; thence South 44 °32141" West, a distance of 10.00 feet, point on the 45 °27'19" West, a distance of 40.49 thence North 44 °31'26" West Southwesterly line of said Lot 6; a distance of along the Southwesterly line of said Lot 6, 7.0.92 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 1419 square feet, more or less. maintaining and operating a road Department, its successors, or assigns, for the to the interest of the purpose Of construction, improving, aver, through, upon and /or across the lands, including but not limited to the claim of interest based on the following! RECORDED TO O.R. NATURE OF DATE FROM BOOK /PAGE ENCU14BRANCE EASEMENT 03/27/87 COUNTRYSIDE CITY OF 6479/2362 COLONIAL CENTER CLEARWATER PARTNERSHIP PROVIDED that the following rights are reserved to the City: 1, The city shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, ance with and relocate facilities on, within, and upon the lands described herein in accorfacilit d es tcurrent minimum standards for such he state of Florida, Department of the Department's as required by Tran po constructionitorArelocationoofGfacilities widated lands will be subject to prior approval by the Department. Should the Department fail totapprove any require thecCity to relocation of facilities by a the cost of such alter, adjust, or relocate itsafacil toep located within said lands' Department hereby g but not alteration, adjustment, or relocatioo riate leasements. limited to the cost of acquiring apP P 2, The city shall have a reasonable houtlined rinpParagraphdI and described herein for the purposes above, including the right to trim such trees, brush, es growth which might endanger or interfere with such facilities, provided that the Department's do t not e facilitiee, with the operation and safety 3. The city agrees to repair any damage to Department facilities and to indemnify he City exercising iits righteaoutlinedain resulting Paragraphs 1 and 2 above. PAGE 2 PARCEL 159.5 IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses: OF TRANSPORTATION By: PRINT NAME Director of Production for District VII PRINT STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 199_, by for District. , who is personally known to me or who has produced as identification, and who did (did not) take an oath. PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of City commissioners acting by the Chairperson or Vice - Chairperson of said Board, the day and year aforesaid. ATTEST: , Florida, By Its Board of city commissioners PRINT NAME Clerk (or Deputy Clerk) By: Its Chairperson (or Vice - chairperson) ADDRESS PARCEL 159.5 PACE 3 STATE OF FLORIDA COUNTY OF of The foregoing instrument was acknowledged before me this , 199_, by day known to me or who has for d District , who is personally as identification, and whoddid(did not) take an oath. PRINT NAME Notary Public in and for the County and Stgte last aforesaid. My Commission Expires: Serial No., if any: _ PARCEL 159.5 PACE 4 E2 E This instrument prepared by, PARCEL 161.3 or under the direction of SECTION 15070 -2524 William T. HcCaigt Eminent S.R. NO.: 580 Domain Chief COUNTY PINELLAS Department of Transportation 4950 W. Kennedy Blvd., Suite 500 Tampa, Florida 33609 Legal Description Approved: 'an G Date: 1 -27 -9� By: UTL.04 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEttENT, entered into this day of 199_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department, and CITY OF CIEARWATER , hereinafter called City. W I T N E S S E T H: have beenEdeterminedtnecessarylforahighwaytpurposes ;certain lands that and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the Department; and WHEREAS, the Department is willing to pay to have the City's facilities so that the benefits necessary of each may prevent retained conflict between the NOW, THEREFORE in consideration of the mutual covenants and 3 promises of the parties hereto, City and Department agree as follows: 6 City subordinates any and all of its interest in the lands as follows, viz: RIGHT OF WAY That part of Lots 9, 10, and 11, Block 2, Acker's Sub - Division in Section 26, Township 2B South, Range 16 East as recorded Plat Book 30, Page 91`of the Public Records of Pinellas County, Florida. Being described as follows: Commence at a 3" x 3" concrete monument marking the most southerly corner of Lot 23, Block 2, Acker 's Sub - Division as recorded in Plat Book 30, Page 91 of the Public Records of Pinellas County, Florida, said monument also being on the Northeasterly right of way line of Charles Avenue; thence North 44 °31'26" West along the Southwesterly lino of said Block 2, and the Northerly right of way line of Charles Avenue 260.10 feet to the most westerly corner of Lot 1, Block 2, of westerl corner said plat of also being a p ointron the existing southerlytright of way line of State Road 580; thence North 45 026107" East along the southerly right of way line of State Road 580 and the Northwesterly lino of said Block 2, a distance of 479.92 feet to the POINT OF BEGINNING, said point of beginning also being the Northwest corner north (45°26'07 "o Eastid along /the u thence Southerly PAGE 1 PARCEL 161.3 EXIIIBIT "E" % I?- - AO right of way line of State Road 580 and the Northwesterly line of said Block 2, a distance of 196.87 feet; thence South 66 ^34120" East, 26.21 feet; thence South 48 "08126^ West, 206.93 feet to a point on the Southwesterly line of said Lot 9; thence North 44 °31126" West along the Southwesterly line of said Lot 9, a distance of 14.53 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 3893 square feet, more or less. to the interest of the Department, its successors, or assigns, for the purpose of construction, improving, maintaining and operating a road over, through, upon and /or across the lands, including but not limited to the claim of interest based on the following: RECORDED NATURE OF ENCUMBRANCE DATE FROM TO O.R. BOOK /PAGE EASEMENT 06/22/81 ECKERD DRUGS OF CITY OF 5238/720 FLORIDA_ INC., CLEARWATER A FLORIDA CORPORATION PROVIDED that the following rights are reserved to the City: 1. The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the Departments current minimum standards for such facilities as required by the State of Florida, Department of Transportation, Utility Accommodation Guide, dated May, 1990. Any new construction or relocation of facilities within the lands will he subject to prior approval by the Department. Should the Department fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the Department hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. The city shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim ouch trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the Department's facilities. 3. The city agrees to repair any damage to Department facilities and to indemnity the Department againnt any loan or damage resulting from the City exercising its rights outlined in Paragraphs 1 and 2 above. PARCEL 261.3 s "Mm 1 IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses: OF TRANSPORTATION By: PRINT NAME Director of Production for District .VII PRINT NAME STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 199_, by , for District , who is personally known to me or who has produced as identification, and who did (did not) take an oath. PRINT NAME ?� Notary Public in and for the County and State last aforesaid. My commission Expires: Serial No., if any: IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of City Commissioners acting by the Chairperson or Vice - Chairperson of said Board, the day and year aforesaid. ATTEST: , Florida, By Its Board of City Commissioners PRINT NAME Clerk (or Deputy Clerk) By: Its chairperson (or Vice - Chairperson) NAME ADDRESS PARCEL 161.7 PAGE 9 ..';?_ U STATE OF FLORIDA COUNTY OF The foregoing instrument Was acknowledged before me this _ day of , 199_, by for District who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 161.7 PRINT NAME Notary Public in and for the county and State last aforesaid. my commission Expires: Serial No., if any: PACE A This instrument prepared by, PARCEL 166.7 or under the direction of SECTION 15070 -2524 William T. McCaig, Eminent S.R. NO.: 580 Domhin Chief COUNTY PINELLAS Department of Transportation 4950 19. Kennedy Blvd., Suite 500 Tampa, Florida 33609 Legal Description Approved: C_ Date / - 29 - 9z By 1d111e. R. Ya ,�., UTL. 04 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this _ day of 199_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the Department, and CITY OF CLEARWATER , hereinafter called City. W I T N E S S E T H: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the Department; and WHEREAS, the Department is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and Department agree as follows: City subordinates any and all of its interest in the lands as follows, viz: RIGHT OF WAY That part of Lots 2,3,4 and 5, Block 2, Acker's Sub - Division in Section 28, Township 28 South, Range 16 East as recorded Plat Book 30, Page 91 of the Public Records of Pinellas County, Florida. Being described as follows: Commence at a 3" x 3" concrete monument marking the most southerly corner of Lot 23, Block 2, Acker's Sub - Division as recorded in Plat Book 30, Page 91 of the Public Records of Pinellas County, Florida, said monument also being on the Northerly right of way line of Charles Avenue; thence North 44 °3112601 West along the Southwesterly line of said Block 2, and the Northeasterly right of way line of Charles Avenue 260.10 feet to a 3" X 3" Concrete Monument marking the most westerly corner of Lot I, Block 2, of said plat of Acker's Sub - Division, said most westerly corner also being a point on the existing Southerly right of way line of State Road 580; thence North 45 °26107" East along the Southerly right of way line of State Road 500 and the Northwesterly line of said Block 2, a distance of 59.99 feet to the POINT OF BEGINNING, PARCEL 166.7 rxulBtT °F^ PAGE I Kia -�'? said point of beginning also being the most westerly corner of Lot 2, Block 2 of said plat of Acker's Sub- Division; thence continue North 45 °26'07" East, along the Southerly right of way line of State Road 580 and the Northwesterly line of said Block 2, a distance of 239.96 feet to the most northerly corner of Lot 5, Block 2, of said plat of Acker's Subdivision; thence South 44 °31'26" East along the Northeasterly line of said Lot 5, a distance of 10.92 feet; thence South 450271190' West, a distance of 79.51 feet; thence South 44 °32'41" East, a distance of 10.00 feet; thence South 45 °27119" West, a distance of 10.00 feet; thence North 44 °32'41" West, a distance of 10.00 feet; thence South 45°27'19" West, a distance of 150.45 feet to a point on the Southwesterly line of said Lot 2; thence North 44 °31'26" West along the Southwesterly line of said Lot 2, a distance of 10.84 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 2711 square feet, more or less. to the interest of the Department, its successors, or assigns, for the purpose of construction, improving, maintaining and operating a road over, through, upon and /or across the lands, Including but not limited to the claim of interest based on the following: RECORDED FROM TO O.R. BOOK NATURE OF DATE /PAGE ENCUMBRANCE EASEMENT 09/20/84 TRECO CITY OF 5845/1579 COMMUNITIES, CLEARWATER INC. PROVIDED that the following rights are reserved to the City: 1. The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the Department's current minimum standards for such facilities as required by the State of Florida, Department of Transportation, Utility Accommodation Guide, dated May, 1990. Any new construction or relocation of facilities within the lands will be subject to prior approval by the Department. Should the Department fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities .located within said lands, the Department hereby agrees to pay the cost oP such alteration, adjustment, or relocation, including, but not limited to the cost of or appropriate easements. 2. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided thehDepartment n with the operation s facilities, 3. The City agrees to repair any damage to Department facilities and to indemnify the Department against any loss or damage resulting from the city exercising Its rights outlined in Paragraphs 1 and 2 above. PAGE 2 PARCEL 166.7 IN WITNESS WHEREOF, the Department hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses: OF TRANSPORTATION PRINT NAME Director of Production for District vII PRINT NAME STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 199_, by I for District , who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 166.7 PAGE 9 r1 12-K PRINT NAME Notary Public in and for the County and State last aforesaid. My commission Expires: Serial No., if any: IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of city Commissioners acting by the Chairperson or Vice - Chairperson of said Board, the day and year aforesaid. ATTEST: , Florida, By Its Board of city commissioners PRINT NAME Clerk (or Deputy Clerk) By. Its Chairperson (or Vice- Chairperson) NAME ADDRESS PARCEL 166.7 PAGE 9 r1 12-K STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 199_, by , for District , who is personally known to me or who has produced as identification, and who did (did not) take an oath. PARCEL 166.7 PRINT NAME Notary Public in and for the County and St}te last aforesaid. My Commission Expires: Serial No., if any: E PACE 4 ,F 2-, a-9