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92-63v j RESOLUTION NO. 92 -63 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF SIX SUBORDINATION OF UTILITY INTERESTS AGREEMENTS WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, REGARDING PORTIONS OF CERTAIN EASEMENTS LOCATED ADJACENT TO STATE ROAD 580 BETWEEN COUNTRYSIDE BOULEVARD AND LANDMARK DRIVE 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 agreements, 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 six 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 l 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 Exhibit 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. Section 2. The agreements authorized to be executed upon the adoption of this resolution are summarized as follows: DOT Recorded at Exhibit Parcel No. City's Interest Book Page A 101.04 Utility and drainage easement 072 020 B 102.11 Utility and drainage easement 072 020 C 104.03 Utility and drainage easement 072 020 0 106.03 Utility and drainage easement 072 020 E 108.02 Utility and drainage easement 072 020 F 112.06 Utility and drainage easement 072 020 ,24_3 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 5th day of November, 1992. Attest. Cynt is E. Goudeau, City Clerk ita Garvey, Mayor- Commissi er { y. t i3 4--� 43 mo N This instrument prepare by, or under the direction o Kenneth G. 4V(6;np Assistant Generl Tf Department o ransp rtation 1120L N. Malcolm McKinley Drive Tampa, Florida 33612 PARCEL 101.04 SECTION 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS Legal Description Approved: Date: September 10, 1992 By: Brent J. Davis 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 6, 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 4" x 4" concrete monument marking the Northwest corner of the plat of Wildwood of Countryside; thence South 11 002'00" West along the Westerly boundary of said Wildwood of Countryside, a distance of 569.35 feet to the POINT OF BEGINNING, said point of beginning also being a point on the Westerly line of Lot 6, Wildwood of Countryside; thence run North 89 029'32" East, a distance of 150.21 feet to a point on the Easterly line of said Lot 6; thence South 19013'41" West along the Easterly line of said Lot 6, a distance of 15.00 feet to the Southeast corner of said Lot 6; thence South 89 °39156" West along the Southerly line of said Lot 6, a distance of 90.94 feet, to the Southeast corner of a Florida Department of Transportation right of way, described in Official Records Book 5548, Page 758 of the Public Records of Pinellas County, Florida; thence along said Florida Department of Transportation right of way the following two courses; North 00 120109" West, a distance of 13.04 feet, South 89039116" West, a distance of 54.37 feet to a point on the Westerly line of said Lot 6; thence North 11 °02'00" East along the Westerly line of said Lot 6, a distance of 0.66 feet to the POINT OF BEGINNING. Less existing rights of way. PARCEL 101.04 EXHIBIT A PAGE 1 This instrument prepared by, or Under the direction of Kenneth G. WkV As tt�nt eawrai y�� Depar men o %arrsportation Containing 1,346 square feet, more or less. v 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 & 05/07/74 U.S. HOMES OF CITY OF CLEARWATER 72/20 DRAINAGE FLORIDA 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 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 101.04 PALL 2 This instrument prepared by, or Under the direction of Ksnnoth G. Wkq o Assistant Gener �A11�f1A� Department o raps 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: By: Director of Production for District VII WITNESS PRINT NAME ADDRESS WITNESS PRINT N STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 199_ , by , DIRECTOR OF PRODUCTION for1District VII , who is personally known to me or who has produced _ as identification, and who did (did not) take an oath. PRINT NAME R Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PARCEL 101.04 PAVE' 3 This instrument prepared by, or UnderK nnethdj,rggt . of A; slstant General C(kaini Department of Transportation IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Chairperson of saidBBoard,fthetday Commissioners acting by the Chairperson or Vice- Chairperson :— 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 199_, by Florida, City Council, who is Vice Chairperson) of the produced as personally known to me or who has identification, and who did (did not) take an oath. PARCEL 101.04 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PAGE 4 rN This instrument prepared by, or under the direction Kenneth G. Wing Assistant General Counsel Department of Transp rtation 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 PARCEL 102.11 SECTION 15070 -2524 S,R. NO.: 580 COUNTY : PINELLAS Legal Description Approved: �n Date: September 10, 1992 By: Brent J. Davis Y 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 7, 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 4 11x4" 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 11 102'00" 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 89 139'5611 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 89 139'56" East along the South line of said Wildwood of Countryside and the Northerly right of way line of State Road 580, a distance of 90.94 feet to the POINT OF BEGINNING, said point of beginning also being the Southwest corner of Lot 7, of said Wildwood of Countryside; thence run North 19 °13'41" East along the Westerly line of said Lot 7, a distance of 15.00 feet; thence North 89 029132" East, a distance of 158,02 feet to a point on the Easterly line of said Lot 7; thence South 35 013157" East along the Easterly line of said Lot PARCEL 102.11 PAGE 1 EXHIBIT B .-� This instrument prepared by, or Under the direction of Kenneth G. WkQ Assistant General G Department of Transportation 7, a distance of 17.81 feet to the Southeast corner of said Lot 7 and a point on the Northerly right of way line of State Road 580; thence South 89 039156" West along the South line of said Lot 7, and said Northerly right of way line, a distance of 173.23 feet to the POINT OF BECTNNING. Less existing rights of way. 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 & 05/07/74 U.S. HOMES OF CITY OF CLEARWATER 72/20 DRAINAGE FLORIDA 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 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 102.11 Aft This instrument prepared by, or Under the direction of Kenneth G. V&V Assistant Cenral t.,scmol 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 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION presence of: By: Director of Production for District VII WITNESS ADDRESS PRINT NAME WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this DIRECTOR OF 199_ , by _ PRODUCTION C_ TION 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: PAUL i PA.3'rEL 102.11 I This instrument prepared by, or Under the direction of Kenneth G. V Assistant General Ccje W 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 NAME ADDRES 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 102.11 E'AFF L 4 This instrument prepared by, or under the direction ^ / Kenneth G. Wing IV'11Vn„/ Assistant General Counsel Department of Transpo at ion 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 PARCEL : 104.03 SECTION : 15070 -2524 S.R. NO.: 580 COUNTY : PINELLAS Legal Description Approved Date:^ �� 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: That part of lot 15, 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 4 "x4" 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 °02'00" 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 89 039,56" 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 320.51 feet to the POINT OF BEGINNING, said point of beginning also being the southwest corner of Lot 15 of said Wildwood of Countryside; thence run North 03 001,46" East, along the westerly line of said Lot 15, a distance of 14.84 feet; PARCEL 104.03 PAGE 1 t r r, 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 15, 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 4 "x4" 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 °02'00" 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 89 039,56" 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 320.51 feet to the POINT OF BEGINNING, said point of beginning also being the southwest corner of Lot 15 of said Wildwood of Countryside; thence run North 03 001,46" East, along the westerly line of said Lot 15, a distance of 14.84 feet; PARCEL 104.03 PAGE 1 This instrument prepared by, or Under the direction of Kenneth G. Wing Assistant General Counsel Department of Transportation thence North 89 °29'32" East, a distance of 78.86 feet to a point on the Easterly line of said Lot 15; thence South 30 °37'33" West along the Easterly line o£ said Lot 15, a distance of 17.55 feet to the Southeast corner of said Lot 15, and a point on the Northerly right of way line of State Road 580; thence South 89 039'56" West along the South line of said Lot 15 and said Northerly right of way line, a distance of 70.70 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 1116 square feet, more or lees. 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 ENCUMBRANCE TO Plat HOOK PAGE UTILITY & 05/07/74 U.S. HOMES OF DRAINAGE CITY OF CLEARWATER 72/20 EASEMENT FLORIDA 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 nea 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 lose or damage resulting from the City exercising its rights outlined in Paragraphs 1 and 2 above. PARCEL 104.03 PAGE 2 1L rf �� n. r� This instrument prepared by, or UnderiCettt etPtdGrn9 on of Assistant General Counsel Department of Transportation 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: i By: Director of Production for District VI WITNESS ADDRESS PRINT NAME WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF The Foregoing instrument was acknowledged before me this day of — DIRECTOR OF PRODUCTION for 199_ , by ersonall known to me or who has produced District VII , who is p y not take an oath. as identification, and who did ( did ) PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: IN WITNESS WHEREOFd, the said acting byethe Chairpersonbor Vice- in in its name by its Boar Chairperson of said Board, the day and year aforesaid. Florida, ATTEST: PRINT NAME Clerk p Clerk (or ) Deputy pARCEL 104.03 By it_ Council BY: its Chairperson (or Vice - Chairperson) PRINT NAME ADDRESS PAGE 3 is This instrument prepared by, or s UndQ %m#thcir&Von of Assistant General Counsel Department of Transportation STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this Chairperson (or 199_, by Florida, City Council, who is Vice - Chairperson) of the ' 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: PAGE 4 PARCEL 104.03 This instrument prepD by, or under the direction K�Ae�n�neth G. WIn Dw"Ct19" r t a t i o n 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 PARCEL 106.03 SECTION 15070 -2524 S.R. NO.: 580 COUNTY PINELLAS Legal Description Approved: Date:September 10, 1992 By: Brent J. Davis UTL.04 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of 1 199_, 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 17, 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 4 11x4" 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 °02100" 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 039156" 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 °39'56" East along the South line of said Wildwood of Countryside and the Northerly right of way line of State Road 580, a distance of 571.21 feet to the POINT OF BEGINNING, said point of beginning also being the Southwest corner of Lot 17, of said Wildwood of Countryside; thence run North 23 032'21" West along the Westerly line of said Lot 17, a distance of 16.92 feet; thence North 89 029132" East, a distance of 87.60 feet to a point on the Easterly line of said Lot 171 thence South 03 101'34" West along the Easterly line of said Lot 17, a distance of 15.84 feet to the Southeast corner of said Lut 17 and a point on PARCEL 106.03 PAUL 1 EXHIBIT D This instrument prepared by, or Under the direction of Ktansth G. Wing Dep arVIRPTf" %"ortat ion the Northerly right of way line of State Road 580; thence South 89039'56" West along the South line of said Lot 17 and said Northerly right of way line, a distance of 80.00 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 1315 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 & 05/07/79 U.S. H014ES OF CITY OF CLEARWATER 72/20 DRAINAGE FLORIDA 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 `she 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 rlUht to enter upon the lands described herein for the purposes outlined in Paragraph 1 :above, including the right to trim such trees, brush, and rjrowth which might endanger or interfere with such facilitie:i, provsdad that such rights do not interfere with the operation and Safety of the Departu,ent's facilities. PARCEL 106.03 This instrument prepared by, or Under the direction of Kenneth G. Wlnq Assistant G�ner l Departmen o �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: By: Director of Production for District VII WITNESS 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. PARCEL 106.03 PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PAGE 3 Y This instrument prepared by, or under the direction of Kenneth G. Mng ASSIStant Gene?1FOL1s Department o ran rtation 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 PARCEL 108.02 SECTION 15070 -2524 S.R. NO.: 580 COUNTY PINELLAS Legal Description Approved: Date: September 10, 1992 By: Brent J. Davis 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 25, 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 more particularly described as follows: Commence at a 4 "x4" 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 11 102'00" 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 89 039'56" 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 °39156" East along the South line of said Wildwood of Countryside and the Northerly right of way line of State Road 580, a distance of 816.49 feet to the POINT OF BEGINNING, said point of beginning also being the Southwest corner of Lot 25, of said Wildwood of Countryr;ido; thence run North 03 001128" East along the Westerly lint: c,f said Lct 25, a Jiotar:ce of 16.34 feet; thence North 89 °29'32" East, a distance of 16 .3: feet to a rcGir:t on the Easterly line of said Lot 25; thence South 03101'22" tr,-; t alL�Firj the Easterly lirse of said Lot PARCEL 108.02 PAC" EXHIBIT B This instrument prepared by, or Under Ken elh G. WIN of Assistant General Counsel Department of Transportation point on thence South 89 °3a�d6stance If a distance of 16.85 feet to the Southeast corner of said Lot 25 an a 25, way line of state Road 580; way line, the Northerly right of Y the South line of said Lot 25 and said Northerly right o 165.28 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 2738 square feet, more or less. or assigns, for the purpose of its successors, a road over, through, upon and /or to the interest of the Department, and operating construction, improving, maintaining across the lands, including but not limited to the claim of interest based on the followings RF_ C O_RDED Plat TO BOOK /PAGE DATE FROM NATURE OF 72/20 ENCUMBRANCE CITY OF :-ARWATER 05/07/74 U.$• HO14ES OF UTILITY & FLORIDA DRAINAGE EASEMENT PROVIDED that the following rights are reserved to the City: operate, maintain, improve, ht to construct, within, and upon The City shall have the right relocate facilities °n' artment's current I. upgrade, remove, add to, P9 the State of the lands described herein in accordance astilitirled by, odation Guide, minimum standards for such facilities as required by Florida, Department of Transportation, the Department. dated May, 1990. Any new construction.' onstruction or relocoval °byof facilities prior neP rove any new construction or relocation within the lands will be subject to 1 adjust, Should the Department fail to require the City to alter, 7 of facilities by the City or req the Department hereby the cost of such alteration, adjustment, or relocation, relocate its facilities located within said lands, ro riate agrees to pay airing aPP P including, but not limited to the cost of acquiring easements, shall have a reasonable right to enter upon the lands described outlined in Paragraph 1 above, including the 2, The City endanger or herein for the purposes and growth which might endang such facilities, provided °Eht�esDeFartment'so facilities• right to trim such trees, brush, interfere with Operation and safety interfere with the oP .11= .. PArVCEf. :CB.fr2 o, This instrument prepared by, or Under the direction of Kenneth G. Nng Departmenntno�f 7`raUn"sportation 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. 0 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 DEPART14ENT OF TRANSPORTATION presence of: By: Director of Production for District VII WITNESS PRINT NA14E 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. PARCEL 108.02 PRINT NA14E Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: ., ,L. r� r This instrument prepared by, or Under the direction of Kenneth G. Wing Aselslsnt General Counsel Department of Transportation i 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- I Chairperson of said Board, the day and y Florida, t ATTEST: By Its City Council PRINT NAME Clerk) Clerk (or Deputy By: Its Chairperson (or vice - Chairperson) PRINT NAME ADDRESS STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of Chairperson (or lgg_, by Florida, City Council, who is Vice- Chairperson) of the 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: NF:GE ,7 PARC) L 108.02 This instrument prepared b , or under the direction o Kenneth G. Wing As stant G�nar�t t`�unsel De artmen o rane o tation 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 Legal Description Approved: Dates OCTOBER 8, 1992 By: Brent J. Davis UTL.04 PARCEL : 112.06 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 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 41, 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 4 "x4" 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 002100" 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 oi'the Public Records of Pinellas County, Florida; thence North 89 039'56" 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 °39156" East along the South line of said Wildwood of Countryside and the Northerly right of way line of State Road 580, a distance of 1,457.57 feet to the POINT OF BEGINNING, said point of beginning also being the Southwest corner of Lot 41 of said Wildwood of Countryside; thence run North 03 °01'05" East along the Westerly line of said Lot 41, a distance of 18.29 feet; thence North 89 029'32" East, a distance of 155.29 feet to a point on the Easterly line of said Lot 41, thence South 03 000'59" West along the Easterly line of said Lot 41, a distance of 18.76 feet to the Southeast corner of said PARCEL 112.06 PAGE 1 EXHIBIT F N This instrument prepared by, or Under the direction of DKenneth G. Wing c,,� epartmen�n o� CV9ii8'portation G� Lot 41, and a point on the Northerly right of way line of State Road 580; thence South 89139156" West along the South line of said Lot 41, and said Northerly right of way line, a distance of 155.26 feet to the POINT OF BEGINNING. Less existing rights of way. Containing 2871 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 HOOK /PAGE UTILITY 05/07/74 U.S. HOMES OF CITY OF CLEARWATER 72/20 EASEMENT FLORIDA PROVIDED that the following rights are reserved to the City: 3... 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 sucO 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. PARCM 112.06 PAGO 2 This instrument prepared by, or Under the direction of Kenneth G. Wing -Assistant nt or 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 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 112.06 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. Wing Depar men not 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: , Florida, By Its City Council PRINT NAME 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. My Commission Expires: Serial No., if any: PARCEL 112606 PAGE 4