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23-UTL.02-06/93 <br />This instrument prepared <br />under the direction of: <br />Laurice C. Mayes, Esq. <br />Legal description prepared by: <br />Denise M. Alexander (4-12-05) <br />Department of Transportation <br />3400 W. Commercial Boulevard <br />Ft. Lauderdale, Florida 33309 <br />Parcel No. <br />Item/Segment No. <br />Section No. <br />Managing District: <br />S.R. No. <br />County: <br />107.3 <br />2285832 <br />88010-2503 <br />04 <br />5 (U.S. 1) <br />Indian River <br />SUBORDINATION OF COUNTY UTILITY INTERESTS <br />THIS AGREEMENT, entered into by and between the STATE OF FLORIDA <br />DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and <br />INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida, <br />hereinafter called the COUNTY. <br />W ITNESSET H: <br />WHEREAS, the COUNTY presently has an interest in certain lands <br />that have been determined necessary for highway purposes; and <br />WHEREAS, the proposed use of these lands for highway purposes will <br />require subordination of the interest claimed in such lands by the <br />COUNTY to the FDOT; and <br />WHEREAS, the FDOT is willing to pay to have the COUNTY'S <br />facilities relocated if necessary to prevent conflict between the <br />facilities so that the benefits of each may be retained. <br />NOW, THEREFORE, in consideration of the mutual covenants and <br />promises of the parties hereto, COUNTY and FDOT agree as follows: <br />COUNTY subordinates to the interest of FDOT its successors and assigns, <br />any and all of its interest in the lands as follows, viz: <br />Parcel No. 107 Item Segment No. 2285833 <br />(Section No. 88010-2503) <br />A portion of the Northwest '/ of the Southeast % of Section 31, Township <br />33 South, Range 40 East, Indian River County, Florida, being more <br />particularly described as follows: <br />Commence at a found PK nail marking the East '/ Corner of said Section <br />31; thence North 89°37'25" West along the North line of said Southeast <br />'/, a distance of 1,573.56 feet to a point on the Baseline of Survey <br />for State Road 5 (U.S. 1) as shown on the Florida Department of <br />Transportation Right of Way Map for Section 88010-2503; thence continue <br />North 89`37'25" West along said South line, a distance of 65.33 feet <br />Continued <br />PAGE ONE OF FOUR <br />